IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.BHARATHA CHAKRAVARTHY
Managing Director and Chief Executive Officer, Karur Vysya Bank Limited – Appellant
Versus
Joint Commissioner of Labour Appellate Authority Under The Tamil Nadu Shops and Establishments Act, Erode – Respondent
| Table of Content |
|---|
| 1. overview of the case and core issues faced by the appellant against reinstatement. (Para 1 , 2) |
| 2. discussion surrounding the dismissal procedure and employee's circumstances before the authority. (Para 3 , 4 , 5) |
| 3. the procedural fairness and jurisdiction concerns raised by the management. (Para 6 , 7 , 8 , 10) |
| 4. court's analysis of jurisdiction issues and directives on procedural compliance. (Para 12 , 14 , 30) |
ORDER :
1. These writ petitions are filed challenging the impugned award passed by the first respondent under Section 41 of the Tamil Nadu Shops and Establishments Act (XXXVI of 1947), whereby the appeal filed by the Workman against non-employment was allowed and reinstatement with back wages was ordered.
2. The brief facts leading to the filing of the writ petitions are that the petitioner-Management, namely, Karur Vysya Bank Limited, is a banking company with its Central Office at Karur and has several branches throughout the State of Tamil Nadu and across India. The employee, namely, Mr P. Kalamaegam, was working as Chief Manager in the Tirupur Main Branch between 16.04.2010 and 08.05.2013, and at the Tiruchengode Branch between 10.05.2013 and 01.12.2013.
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