Madras High Court
The President (Formerly The Special ... vs The Appellate Authority Under Section ... on 26 October, 2022
Author: S.Srimathy
Bench: S.Srimathy
W.P.(MD)No.16901 of 2015
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.10.2022
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
W.P.(MD)No.16901 of 2015
and
W.M.P.(MD)No.6099 of 2016
and
M.P.(MD)No.1 of 2015
The President (Formerly the Special Officer),
Tamil Nadu Fire Service and Aided School Employees
Co-operative Thrift and Credit Society Ltd.,
Chinthamani Super Market Complex, Puththur,
Thiruchirappalli. ... Petitioner
Vs.
1. The Appellate Authority Under Section 41 of
Tamil Nadu Shops and Establishments Act,
(Deputy Commissioner of Labour),
Kajamalai Colony, Thiruchirappalli.
2. V.Ramesh ... Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of
India, praying this Court to issue a Writ of Certiorari, to call for the
records of the first respondent, in his file T.N.S.E.No.3 of 2012, quash
the order dated 21.04.2015, passed therein.
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W.P.(MD)No.16901 of 2015
For Petitioner : Mr.S.Seenivasagam
For R1 : Mr.C.Baskaran
Government Advocate (Civil side)
For R2 : No appearance
ORDER
This Writ Petition is filed for Writ of Certiorari, to quash the impugned order passed by the first respondent, in his file T.N.S.E.No.3 of 2012, dated 21.04.2015.
2. The second respondent was an employee who was working as President in the Tamil Nadu Fire Service and Aided School Employees Cooperative Thrift and Credit Society Ltd. A Charge Memo, dated 17.10.2006 was issued against the second respondent alleging that the second respondent has forged the document and has issued loans to certain persons and has also issued open cheque and withdrawn the money which is not paid to the respective employees. The second 2/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.16901 of 2015 respondent and the other Secretary have committed this serious offence. Therefore, the petitioner Society has initiated domestic enquiry as well as criminal proceedings.
3. When the matter was taken up for hearing, the learned Counsel for the petitioner Society submitted that in the criminal case in C.C.No.304 of 2010, dated 18.05.2018 on the file of Judicial Magistrate, Thiruchirappalli, the petitioner and the co-accused, Gurunathan, were convicted for the offences committed Section 408, 467, 468, 471, 477(A) of IPC and imposed punishment of two years imprisonment along with Rs.6,000/- for the petitioner and the co-accused, Gurunathan.
4. At this stage, this writ petition came up for hearing to set aside the impugned order passed by the Authority under Shops and Establishments Act. The Authority under Shops and Establishments Act had set aside the order of punishment of dismissal from service and directed the writ petitioner / employer to reinstate the delinquent. Since the second respondent convicted in criminal, at this stage, the second 3/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.16901 of 2015 respondent cannot be reinstated into service. The punishment imposed in the domestic enquiry is confirmed and the impugned order passed by the Authority under Shops and Establishments Act is set aside.
5. The learned Counsel appearing for the petitioner Society is not aware of whether the second respondent has preferred any criminal appeal against the conviction. Therefore, this Court is granting liberty to the second respondent, to challenge the domestic enquiry afresh, in case he succeeds in criminal appeal.
6. With the above said direction, this Writ Petition is allowed. No costs. Consequently, connected miscellaneous petitions are closed.
26.10.2022
Index : Yes / No
Internet : Yes / No
jbr
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W.P.(MD)No.16901 of 2015
To
The Appellate Authority Under Section 41 of Tamil Nadu Shops and Establishments Act, (Deputy Commissioner of Labour), Kajamalai Colony, Thiruchirappalli.
5/6 https://www.mhc.tn.gov.in/judis W.P.(MD)No.16901 of 2015 S.SRIMATHY, J jbr Order made in W.P.(MD)No.16901 of 2015 26.10.2022 6/6 https://www.mhc.tn.gov.in/judis