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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
Kancheepuram Central Co-operative Bank Ltd., Represented by its Managing Director – Appellant
Versus
Deputy Commissioner of Labour – Respondent
| Table of Content |
|---|
| 1. overview of the factual background leading to the case (Para 2) |
| 2. arguments presented by both parties regarding subsistence allowance (Para 3 , 4) |
| 3. court's analysis on the applicability of subsistence allowance law (Para 5 , 6 , 7 , 8 , 9) |
| 4. determination of liabilities towards the payment of dues (Para 10) |
| 5. final judgment and order regarding payment to the legal heirs (Para 11) |
ORDER :
D.BHARATHA CHAKRAVARTHY, J.
A.The Writ Petitions:
The Writ Petition No.4617 of 2019 is filed challenging the order of the original authority, viz., the Assistant Commissioner of Labour – the Competent Authority under the Payment of Subsistence Allowance Act, 1981 and the Deputy Commissioner of Labour – II - Appellate Authority under Payment of Subsistence Allowance Act, 1981 , Chennai made in PSA No.20/2010 and PSA (Appeal) No.1/2016 dated 19.10.2015 and 10.05.2017 respectively.
The Writ Petition No.30642 of 2024 is filed challenging the order of the order of the 1st respondent, culminating in impugned order dated 23.01.2023 made in PSA (Appeal) No.1 of 2022 and quash the same.
B.Case of the Petitioner:
2. The brief facts leading to the filing of the Writ Petitions are that the petitio
Co-operative society by-laws cannot restrict statutory rights to subsistence allowance for suspended employees under the Payment of Subsistence Allowance Act regardless of retirement status.
The central legal point established in the judgment is the determination of eligibility for subsistence allowance under the Tamil Nadu Payment of Subsistence Allowance Act, based on the status of the....
A suspended employee's entitlement to subsistence allowance is upheld under applicable cooperative society rules, irrespective of claims of ineligibility based on employee status.
Writ petitions maintaining claims for Subsistence Allowance can be valid despite alternate remedies under cooperative laws when timely financial support is crucial for suspended employees.
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