Madras High Court
Veeravanallur Primary Agricultural vs A.Nagarajan on 23 February, 2023
Author: S.Srimathy
Bench: S.Srimathy
W.P.(MD).No.3814 of 2014
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.02.2023
CORAM
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P.(MD).No.3814 of 2014
and
M.P.(MD).No.1 of 2014
Veeravanallur Primary Agricultural
Co-operative Bank Limited, No.Y-158,
Arumanallur, Kanyakumari District,
Represented by its President. ... Petitioner
Vs.
1.A.Nagarajan
2.The Deputy Commissioner of Labour,
(Appeal Authority under Tamil Nadu Payment of
Subsistence Allowance Act),
Trivandrum Road,
Palayamkottai,
Tirunelveli District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records relating to the impugned order of the second respondent in his file PSA
(A) No.9/2012 dated 24.12.2012 and quash the order of the second respondent
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W.P.(MD).No.3814 of 2014
and direct the second respondent to refund the deposited amount of
Rs.68,353/- to the petitioner and such other appropriate directions and grant
such other remedy and relief to this petitioner.
For Petitioner : Mr.G.Manivannan
For R-1 : Mr.K.R.Laxman
For R-2 : Mr.P.Thambidurai,
Government Advocate.
ORDER
This Writ Petition is filed by the Society challenging the order dated 24.12.2012 passed by the second respondent and direct the second respondent to refund the deposited amount of Rs.68,353/- to the petitioner.
2. The first respondent is an employee working as Secretary in the petitioner's Cooperative Bank Limited. The contention of the petitioner's Cooperative Bank is that the Tamil Nadu Subsistence Allowance Act is not applicable to the Society, since the Society has separate by-law and based on the by-law, the first respondent is entitled to subsistence allowance. However, the authority prescribed under the Act will not be the authority to decide the 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.3814 of 2014 issue. The petitioner Cooperative Bank has produced the by-laws of the Society. On perusal of the by-law under Regulation 31(2), it has been stated that the authority competent to suspend an employee may grant to the employee suspended, subsistence allowance in accordance with the provisions of the Tamil Nadu Payment of Subsistence Allowance Act, 1981. If there is any grievance against the by-law, the affected party is having a remedy before the Joint Registrar of Co-operative Society.
3. Therefore, this Court is of the considered opinion that the second respondent is not the competent authority to decide the issue. Only the Joint Registrar of Co-operative Society is the authority, in case, if the first respondent was not paid any subsistence allowance. Therefore, this Court is inclined to set aside the order passed by the second respondent, since the order is passed without jurisdiction and the impugned order is set aside. However, the first respondent is entitled to subsistence allowance, since the petitioner has deposited the amount before the second respondent, the second respondent is directed to disburse the amount to the first respondent. In case, if the first respondent is aggrieved, he is further directed to approach the Joint Director of Co-operative Society and not the Deputy Commissioner of Labour. 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.3814 of 2014
4. In view of the above, this Writ Petition is allowed in above terms. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.
23.02.2023
NCC : Yes/No
Index : Yes / No
Internet : Yes/ No
Nsr
To
The Deputy Commissioner of Labour,
(Appeal Authority under Tamil Nadu Payment of Subsistence Allowance Act), Trivandrum Road, Palayamkottai, Tirunelveli District.
4/5 https://www.mhc.tn.gov.in/judis W.P.(MD).No.3814 of 2014 S.SRIMATHY, J.
Nsr W.P.(MD).No.3814 of 2014 23.02.2023 5/5 https://www.mhc.tn.gov.in/judis