The Management vs The Appellate Authority under Section 41 of Tamil Nadu Shops and Establishments Act, Deputy Commissioner of Labour and K. Arumugm

Vinod K. Sharma, J.—The Petitioner has challenged the impugned order of the appellate authority, on the ground that the ex-parte enquiry

held against Respondent No. 2, has been set aside on conjectures and surmises by the appellate authority by holding it to be not fair and proper.

The learned appellate authority set aside the order of dismissal without giving an opportunity to the Petitioner to prove the charges before the

appellate authority inspite of specific request in this regard.

The Petitioner referred to paragraph 10 of the counter filed by the Petitioner before the appellate authority, which reads as under:

Asfaras,theproprietyofconductofenquiryisconcerned, nothing specifically stated against the same, in the memorandum of appeal. In the absence

of specific plea/allegation, it can be taken as granted/inferred that the enquiry is fair and proper and require No. interference. Hereafter,as

anafterthought,ifanythingis added/raised they should be rejected as impermissible. Anyhow, if the issue of propriety of domestic enquiry has been

taken up at the first instance as preliminary issue, vide the settled procedure of law, this Authority may find that the disciplinary action was taken

well in consonance with the principles of natural justice and uphold the same. For some reason or other, if the Authority comes to a different

conclusion, the Respondent may be provided with an opportunity to lead additional evidence to justifytheiraction/dismissal.

The dispute raised in this petition is squarely covered by the order of this Court in W.P. No. 2160 of 2006 (The Management, N.N.563,

Pallathur Primary Agricultural Co-operative Bank, Pallathur, Sivagangai District v. The Appellate Authority u/s 41 of Tamil Nadu Shops and

Establishments Act, (Deputy Commissioner of Labour), Sundaram Theatre Road, K.K.Nagar, Madurai -625 020 and Anr.), decided on

01.08.2011.

Accordingly, this Writ Petition is allowed in same terMs. The impugned order is set aside, and the case is remitted back to appellate authority to

decide the appeal fresh after giving opportunity to the Petitioner to prove the charges before it.

Consequently, connected Miscellaneous Petition is closed. No. costs.