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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 :
D.BHARATHA CHAKRAVARTHY, J.
1. All these Writ Petitions are connected to each other and as such, are taken up and disposed of together by this common order.
2. The petitioner is the Tamil Nadu Industrial Co-operative Bank Limited. While so, it was found that one Sakthivel, who was appointed as a Jewel Appraiser, had played fraud on the bank by keeping fake jewels in 89 packets with reference to the jewel loan issued to the customers and thus, caused loss to the bank. As a matter of fact, a criminal complaint was lodged in respect of the entire episode and only the Jewel Appraiser, R.Sakthivel, is being prosecuted in the criminal case. Similarly, surcharge proceedings under Section 87 of the Tamil Nadu Co-Operative Societies Act, 1983, was also initiated,
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....
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act Section 41 not maintainable for co-operative bank employees.
Special Co-operative Societies Act and bye-laws exclude Shops Act jurisdiction for employee disciplinary appeals in co-operative banks.
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.
Illegal appointments made without following statutory recruitment rules and approved by-laws of co-operative societies cannot be regularised under the Permanent Status Act.
The appellate authority must ensure proper jurisdiction and procedural fairness in employment dismissal cases while providing detailed findings on all charges.
Negligence in managerial duties regarding loan approvals can constitute gross misconduct under cooperative society regulations, regardless of technical expertise.
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