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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M.SUBRAMANIAM, K.SURENDER
The Tamil Nadu Industrial Co operative Bank Ltd. – Appellant
Versus
Joint Commissioner of Labour/ Appellate Authority Salem – Respondent
| Table of Content |
|---|
| 1. background of the case and disciplinary proceedings. (Para 1 , 2 , 3) |
| 2. appellant's arguments regarding maintainability. (Para 4 , 5 , 7) |
| 3. court's observations on applicability of statutes. (Para 6 , 12 , 14 , 16) |
| 4. interpretation of sections in relevant acts. (Para 9 , 10) |
| 5. court's final decision and directions issued. (Para 15 , 18 , 19) |
JUDGMENT :
S.M.Subramaniam J.
Under assail is the common order dated 03.02.2026 passed in W.P.No.22999 of 2024 etc. batch.
2. The Tamil Nadu Industrial Cooperative Bank Limited is the appellant in the intra-court appeal. The 2nd respondent Smt.M.Indira Gandhi was holding the post of Assistant in the appellant's Cooperative Bank. Departmental disciplinary proceedings were initiated on the allegations of pledging spurious jewels for sanctioning of loan and the 2nd respondent was dismissed from service, on the basis of the enquiry report of the Enquiry Officer, holding that the charges are held proved.
3. The 2nd respondent filed an application before the competent authority /Joint Commissioner of Labour, under the Tamil Nadu Shops and Establishments Act, 1947. The said appeal was filed under Section 41(2) of the Tamil Nadu Shops and
The Tamil Nadu Shops and Establishments Act is not applicable to cooperative bank employees governed by the Tamil Nadu Cooperative Societies Act, establishing the primacy of special laws over general....
Special Co-operative Societies Act and bye-laws exclude Shops Act jurisdiction for employee disciplinary appeals in co-operative banks.
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act not maintainable for co-operative bank employees.
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act Section 41 not maintainable for co-operative bank employees.
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 appellate authority must ensure proper jurisdiction and procedural fairness in employment dismissal cases while providing detailed findings on all charges.
Jurisdiction of the Appellate Authority under the Tamil Nadu Shops and Establishment Act, 1947.
Illegal appointments made without following statutory recruitment rules and approved by-laws of co-operative societies cannot be regularised under the Permanent Status Act.
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