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IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
Tamil Nadu Industrial Co-operative Bank Ltd., Rep. By its Joint Director/Managing Director – Appellant
Versus
Joint Commissioner of Labour/ Appellate Authority, Salem – Respondent
| Table of Content |
|---|
| 1. establishment of jurisdictional facts and employment context. (Para 2 , 3) |
| 2. jurisdiction concerns under tamil nadu shops and establishments act. (Para 5 , 6) |
| 3. hierarchical scrutiny regarding multiple legal remedies available. (Para 8 , 10 , 11) |
| 4. assessment of evidence and implications of misconduct allegations. (Para 14 , 15 , 16 , 19) |
| 5. final judgment on employee reinstatement and back-wages. (Para 20) |
ORDER :
1. All these Writ Petitions are connected to each other and as such, are taken up and disposed of together by this common order.
3. While so, the four workmen, involved in this case, K.Kameena, who is an Assistant in the particular branch, T.Muthuraja, the Bank Inspector, K.Mahalakshmi, Sub-Accountant, M.Indira Gandhi, Assistant, who are all working in the branch and sanctioned/disbursed some of the loans and processed those loans in which the fake jewels were involved, were issued with the charge memorandum containing 13 charges. All the charges relate to the fact that the workmen, being the employees of the Co-operative Society, ought to have independently verified the quality of the jewels which they have not done and the further charge is that they col
The appellate authority under the Tamil Nadu Shops and Establishments Act has jurisdiction to entertain appeals from employees of co-operative societies governed by the Tamil Nadu Co-operative Societ....
The Secretary of a cooperative society bears responsibility for financial disbursements, even in cases of fraudulent activity by others, sustaining civil liability despite criminal acquittal.
Negligence in managerial duties regarding loan approvals can constitute gross misconduct under cooperative society regulations, regardless of technical expertise.
An administrator of a co-operative society has jurisdiction to dismiss employees for misconduct, guided by the principles of necessity, supporting effective governance.
If after initial conviction employee gets acquitted on appeal, Bank cannot be found fault with.
Acquittal in a criminal case does not bar disciplinary action in employment matters, as the standards of proof and objectives differ significantly.
The test laid down in Marappan's case continues to govern the maintainability of writ petitions against Co-operative Societies.
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