W.P.(MD) No.5507 of 2020

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 20.01.2023

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.(MD) No.5507 of 2020

and WMP(MD) No.4802/2020

The Management

Rep. By its President,

MM3215 Madurai District Ex-Servicemen

Consumer Cooperative Stores Ltd., ... Petitioner

-vs-

1.The Appellate Authority /Deputy Commissioner of labour

Bharathi Ula Road, Racecourse,

Madurai

2.S.Muniyandi

... Respondents

Prayer:- Petition filed under Article 226 of the Constitution of India praying

for issuance of Writ of Certiorari to call for the records relating to the

impugned order passed by the 1^st respondent in his proceedings of Case

No.TNSE06/2017 dated 27.12.2019 and quash the same as illegal.

For Petitioner

: Mr.V.P.Rajan

For Respondents

: Mr.S.Palanivelayutham for R2

No appearance for R1

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W.P.(MD) No.5507 of 2020

O R D E R

The petitioner challenges the impugned order of the 1^st respondent

dated 27.12.2019.

2. The case of the petitioner in nutshell is as follows:

It is the case of the petitioner that the petitioner is a management and

under the management, 13 fair price shops and a kerosene bulk were

running. The 2^nd respondent was initially appointed as a Clerk and

subsequently promoted as Manager. While he was working as Manager, the

2^nd respondent misused his position and misappropriated the society amount

and a memo has been issued, charges have been framed, enquiry officer has

been appointed and accordingly, he was reverted to the post of Clerk on

25.06.2014 and for the subsequent misappropriation, he was issued with a

punishment of compulsory retirement on 21.01.2015. Challenging the

punishment of compulsory retirement, the 2^nd respondent approached the

first respondent. The first respondent, vide impugned order dated

27.12.2019 allowed the appeal, challenging which, the present writ petition

is filed.

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W.P.(MD) No.5507 of 2020

3. When the writ petition came up for hearing, the learned counsel

for the petitioner would submit that the 2^nd respondent made a claim

before the first respondent under the Tamil Nadu Shops and

Establishments Act (hereinafter referred to as ‘the Act’). The first

respondent passed an order in favour of the 2^nd respondent. The learned

counsel would further submit that the present writ petition is filed solely

on the ground that the first respondent has no jurisdiction to entertain the

claim made by the 2^nd respondent. He would contend that since the 2^nd

respondent was a manager in the petitioner management, there is an

appeal remedy available under Section 24 of the Act and hence, this

Court may pass appropriate direction.

4. Considering the facts and circumstances of the case and

considering the submission made by the learned counsel for the

petitioner, without interfering with the impugned order, this writ petition

is disposed of by directing the petitioner to file an appeal in terms of

Section 24 of the Act within a period of four weeks from the date of

receipt of a copy of this order. If such appeal is filed, the appellate

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W.P.(MD) No.5507 of 2020

authority shall consider the same and pass orders in accordance with law.

No costs. Consequently connected Miscellaneous Petition is closed.

20.01.2023

NCC : Yes/No

Index : Yes/No

Internet : Yes

RR

To

1.The Appellate Authority /Deputy Commissioner of labour

Bharathi Ula Road, Racecourse,

Madurai

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W.P.(MD) No.5507 of 2020

M.DHANDAPANI, J.

RR

W.P.(MD) No.5507 of 2020

20.01.2023

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