IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
The Management, Uniworld Logistics Private Limited – Appellant
Versus
S.A.Thilak – Respondent
| Table of Content |
|---|
| 1. challenging dismissal without inquiry. (Para 1 , 2 , 3) |
| 2. arguments on dismissal validity. (Para 4) |
| 3. court findings on dismissal process. (Para 6) |
ORDER
The present writ petition has been filed challenging the order passed by the Joint Commissioner of Labour, Tirunelveli in T.N.S.E.No.2 of 2021, dated
09.10.2024.
2. The respondent herein, who was employed as a senior Executive Accountant in the petitioner Company was dismissed from service on 27.07.2020. He had challenged the same before the Joint Commissioner of Labour, Tirunelveli in T.N.S.E.No.2 of 2021 invoking Section 41 (2) of the Tamil Nadu Shops and Establishments Act, 1947 . The Appellate Authority after considering the records has arrived at a finding that, without issuing a charge memo or conducting an enquiry, the respondent herein has been dismissed from service. Based upon the said finding, the order of dismissal has been set aside by the authority. Challenging the same, the present writ petition has been filed by the Management.
3. According to the learned Counsel appearing for the writ petitioner, in view of the mis-conduct on the part of the respondent employee, he was dismissed from service. In fa
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