Petitioners challenged an order confirming the eligibility of deceased workers for subsistence allowance. The Court found insufficient evidence that workers performed managerial functions. Petition dismissed with no costs.
Writ petition dismissed; no costs awarded; connected miscellaneous petitions 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.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.04.2019
CORAM
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.(MD).No.8082 of 2018
and W.M.P.(MD) Nos.7662 & 11689 of 2018
The Management,
Tirunelveli Special 83 Vellalankottai
Primary Agricultural Co-op Credit Society Ltd., Vellalalkottai,
Tuticorin District.
... Petitioner
-vs-
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari calling for the records relating to impugned order dated 01.09.17 passed by the 1st respondent in P.S.A.(Appeal) No.01 of 2017 confirming the order dated 18.04.12 passed by the 2nd respondent in P.S.A.No.03 of 2010 & 12 of 2011 and quash the same as illegal.
For Petitioner : Mr.M.Jerin Mathew
For RR 1 & 2 : Mr.N.Shanmugaselvam, Additional Government Pleader
For RR 3 to 5 : Mr.T.Ravichandran
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O R D E R
The instant writ petition has been filed challenging the order dated 01.09.2017 passed by the first respondent in P.S.A.(Appeal) No.01 of 2017 confirming the order dated 18.04.2012 passed by the second respondent in P.S.A.No.13 of 2010 & 12 of 2011.
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this Court to the following authorities:-
(a) In the matter of Management, Elavadi Primary Agricultural Cooperative Bank – Appellant vs., Assistant Commissioner of Labour - Respondent, a Single Bench judgment of this Court dated 17.03.2017 passed in W.P.(MD) No.2548 of 2006.
(b) In the matter of the Management of Thekkalur Primary Cooperative Bank - Appellant vs., the Assistant Commissioner of Labour, the Deputy Commissioner of Labour and K.Avanasiappan - Respondent, a Single Bench judgment of this Court reported in (2006) 1 CTC 784.
Referring to the aforesaid judgments, the learned counsel for the petitioner would submit that as a Secretary, the deceased worker is not entitled for Subsistence Allowance under the provisions of the Tamil Nadu Payment of Subsistence Allowance, as he is holding managerial functions. Further, he would contend that the Common Cadre Authority Service Act was abolished even before the dismissal of the worker and therefore, the said Act is also not applicable for him.
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establish that the deceased worker was performing managerial function, as his name is not mentioned in the bye laws.
Assistant Registrar (RECORDS) // True Copy //
Sub Assistant Registrar(CS)
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To
Order made in W.P.(MD).No.8082 of 2018 26.04.2019
STS KK/SAR/15.05.2019/ 5P- 5C
3 issues framed by the court
Whether a worker holding the post of Secretary in a Primary Agricultural Co-operative Society performing non-managerial functions is entitled to subsistence allowance during suspension.
Whether the authorities below rightly found that the petitioner failed to prove the deceased worker performed managerial functions.
Whether the lower authorities' findings were perversely recorded and required interference.
Colour shows how this judgement treated each authority
Management, Elavadi Primary Agricultural Cooperative Bank vs. Assistant Commissioner of LabourDistinguished¶35
Management, Elavadi Primary Agricultural Cooperative Bank vs. Assistant Commissioner of Labour W.P.(MD) No.2548 of 2006 dated 17.03.2017
Management of Thekkalur Primary Cooperative BankDistinguished¶36
Management of Thekkalur Primary Cooperative Bank vs. Assistant Commissioner of Labour (2006) 1 CTC 784
Special Officer vs. P.PeriyannanFollowed¶44
Special Officer vs. P.Periyannan W.A.(MD) No.1569 of 2012 dated 10.02.2015
3 provisions across 3 enactments
Management, Tirunelveli Special 83 Vellalankottai Primary Agricultural Co-op Credit Society Ltd.
The Appellate Authority under the Payment of Subsistence Allowance Act, 1981 (Deputy Commissioner of Labour), Madurai
The Authority under the Payment of Subsistence Allowance Act, 1981 (Assistant Commissioner of Labour), Palayamkottai, Tirunelveli
S.Tamil Arasi
S.Murali
S.Ranjani
Abdul Qudhose
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
