The Court dismissed a writ petition filed by a cooperative society to quash an order by the Assistant Commissioner granting subsistence allowance to a terminated employee. The Court held the order was based on proper evidence and assessment.
The writ petition was dismissed; no costs awarded; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
CAV ON 26/10/2015
DATED: 28 /01/2016
CORAM
THE HONOURABLE MR.JUSTICE C.S.KARNAN
W.P.No.3802 of 2015 & M.P.No.2 of 2015
R.2650, Keezhakudiyiruppu Primary Agricultural Co-op. Credit Society, Rep. by its President, Keezhakudiyiruppu Village & Post, Udayarpalayam Taluk, Ariyalur District. ... Petitioner Vs. 1.The Assistant Commissioner of Labour / Competent Authority, Tamil Nadu Payment of Subsistence Allowance Act, Office of the Deputy Commissioner of Labour, Trichy. 2.G.Pandithurai ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for a Writ of Certiorari, to call for the records relating to the order dated 20.07.2012 made in P.Oo.No.03/2012, on the file of the first respondent herein and quash the same.
For Petitioner : Mr.C.Munusamy For Respondents : Mr.E.M.S.Natarajan Government Advocate for R1 Mr.C.Prakasam for R2 - - -
O R D E R
The petitioner has submitted that the second respondent was working as Clerk from 28.04.1990. In the year 1999, he committed irregularities causing monetary loss to the petitioner Society. Hence, he was issued with charge memo framing as many as four charges and he offered to give explanation for the charges framed as against him. Thereafter Domestic Enquiry Officer was appointed. The Enquiry Officer conducted enquiry by giving ample opportunities to the second respondent to put forth his case. After considering the evidence available on record as well as the explanation of the second respondent, the Enquiry Officer found that most of the charges were proved. Then again notice was issued to the second respondent to give explanation on the finding of the Enquiry Officer. However, the second respondent did not come forward to put forth his explanation or whatever it may be. Hence, the Special Officer passed the order dated 29.11.2011 terminating the services of the second respondent since continuance of service of the second respondent will be detrimental to the interest of the society and its members besides public at large.
explanation for the charges framed against him. Subsequently, a comprehensive enquiry was conducted after affording sufficient opportunity to the second respondent. The said charges were proved. Therefore, second notice was issued to the second respondent for his explanation as per mandatory provision. He did not give any explanation. Hence, the second respondent was terminated from service by its order dated 29.01.2011. The second respondent had also challenged the said order before the Joint Registrar of Co-operative Societies as per Section 153 of the Tamil Nadu Co-operative Society Act. The said revision was rejected on merits. Aggrieved by the said order the petitioner has filed W.P.No.12477 of 2013 and the same is pending enquiry.
all sides and on perusing the typed set of papers, this Court is of the view that the impugned order has been passed by the first respondent, after well considering the oral and documentary evidence and after correctly assessing the subsistence allowance. Therefore, the above writ petition does not generate sufficient force to allow it. Hence, the above writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
r n s/vs
To
The Assistant Commissioner of Labour /
Competent Authority,
Tamil Nadu Payment of Subsistence Allowance Act,
Office of the Deputy Commissioner of Labour,
Trichy.
W.P.No.3802 of 2015 &
M.P.No.2 of 2015
msm(co)
aa12/02/2016
2 issues framed by the court
Whether the order granting further subsistence allowance passed by the first respondent warrants intervention under Article 226.
Whether the petitioner's writ petition challenging the allowance order generates sufficient force to be allowed.
2 provisions across 2 enactments
Keezhakudiyiruppu Primary Agricultural Co-op. Credit Society
Assistant Commissioner of Labour
G.Pandithurai
C.S.Karnan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
