BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11.11.2025 CORAM THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.18481 of 2019 S.Gurusamy ... Petitioner Vs.

1. The Appellate Authority under the Tamilnadu Shop and Establishments Act, [The Joint Commissioner of Labour], Tirunelveli – 627 007.

2. Liquidator, TN.SPL.144 Sankarankoil Co-operative Housing Society Ltd., O/o. The Deputy Registrar (Housing), 71-B, Thiruchendur Road, Palayamkottai, Tirunelveli District.

(R2 is impleaded vide order dated 24.09.2025 in WMP(MD)No.20865 of 2025) ... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1^st respondent relating to TNSE Appeal No.1/2010, quash the order dated 11.09.2018 passed therein, consequently set aside the order of dismissal passed by the 2^nd respondent dated 23.10.2009, dismissing the petitioner from service, direct the 2^nd respondent to pay salary for the period of non-employment until the date of his attaining the age of superannuation, i.e., between 28.01.2008 and 12.03.2017, the cash value of all other attendant benefits that are applicable to the petitioner if he was in service continuously, grant such other relief(s) as expedient to the facts and circumstances of the matter.

For Petitioner : Mr.M.Ganesan For R1 : Mr.C.Venkatesh Kumar, Special Government Pleader For R2 : Mr.Jerin Mathew Legal Aid Counsel

ORDER

The petitioner, the Secretary of TN.SPL.144 Sankarankoil Co-operative Housing Society Ltd., was suspended from service, on 28.01.2008, contemplating grave charges against him and a charge memo was also issued on 01.03.2008 framing sixteen charges against him. One Alwarsamy, an Advocate, was appointed as an Enquiry Officer to conduct the enquiry on the charges levelled against the petitioner and an enquiry notice dated 27.06.2008 was issued to the petitioner, by fixing the date of enquiry on 01.07.2008. However, the petitioner did not attend the enquiry on 01.07.2008. Therefore, a further enquiry notice dated 18.08.2008 was issued to the petitioner, by fixing the date of enquiry on 29.08.2008. Again, he failed to appear for enquiry on 29.08.2008. While so, the petitioner has made a request to change the Enquiry Officer. His request was considered and another Enquiry Officer was appointed. The newly appointed Enquiry Officer has issued 3^rd enquiry notice on 08.04.2009 by fixing the date of enquiry on 24.04.2009, but the petitioner failed to appear for enquiry. Therefore, the 4^th enquiry notice was issued and also published in the daily newspaper on 05.05.2009. Since the petitioner did not co-operate for the enquiry, the Enquiry Officer, with the available materials, submitted his enquiry report on 22.09.2009. Based on that enquiry report, a show cause notice was issued, calling upon the petitioner to offer his explanation and the petitioner has also submitted his explanation on 03.10.2009. Not being satisfied with the same, a second show-cause notice was issued on 13.10.2009. Thereafter, the petitioner was dismissed from service on 23.10.2009. Aggrieved over the same, the petitioner has approached the first respondent/the Authority under the Tamil Nadu Shops and Establishments Act and filed an appeal in TNSE Appeal No.1/2010. The first respondent, by his order dated 11.09.2018, rejected the petitioner's appeal, by confirming the order of dismissal dated 23.10.2009.

Challenging the same, the petitioner has filed this writ petition.

2. The learned counsel appearing for the petitioner submitted that the enquiry has not been conducted in a proper manner. Though the petitioner, by way of his representations dated 03.04.2008, 18.04.2008, 19.04.2008 and 21.04.2008, has sought for certain documents during the enquiry, the same were not furnished to him. Therefore, according to him, the petitioner has been deprived from contesting the enquiry in an effective manner.

3. That apart, the learned counsel