The Management vs The Presiding Officer
2024 Latest Caselaw 19108 Mad

Madras High Court

The Management vs The Presiding Officer on 27 September, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                                W.A.(MD)No.1650 of 2024

                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                   DATED : 27.09.2024

                                                       CORAM:

                                  THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                     AND
                                   THE HON'BLE MRS.JUSTICE VICTORIA GOWRI

                                               W.A.(MD)No.1650 of 2024
                                            and C.M.P(MD)No.12953 of 2024

                 The Management,
                 O.265 Thenthiruperai
                 Primary Agricultural Co-operative Credit Society,
                 Thenthiruperai,
                 Tuticorin District
                 Rep. by its Secretary                      ... Appellant/Writ Petitioner

                                                          vs.
                 1. The Presiding Officer,
                 Labour Court,
                 Tirunelveli.

                 2.K.Perumal                                    ... Respondents/Respondents

                 PRAYER: Writ Petition filed under Clause 15 of the Letters Patent challenging

                 the order dated 10.06.202`3 made in W.P.(MD)No.22303 of 2015.

                                   For Appellant         : Mr.SRA Ramachandran
                                                           Additional Government Pleader

                                   For R2                : Mr.V.Rajiv Rufus


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                                                                                   W.A.(MD)No.1650 of 2024

                                                           JUDGMENT

(Judgment of the Court was delivered by R.SUBRAMANIAN, J.)

The Co-operative Society is on appeal. Challenge is to the order of the writ

court directing payment of salary for the period during which the 2nd respondent

was not allowed to work by the appellant society and the central cooperative bank

to which he was deputed.

2. The employee has approached the Labour Court. The Labour Court,

upon consideration of the evidence, came to the conclusion that the employee was

not allowed to work by the appellant society and the central co-operative bank to

which he was deputed. The writ court has also affirmed the conclusion of the

Labour Court. The writ court has also referred to the proceedings, particularly, the

correspondence between the two institutions namely, the appellant society and the

management of the Tuticorin District Central Cooperative Bank Limited to come

to the conclusion that the employee remained out of employment only because

of inaction on the part of the two institutions.

3. In view of the said conclusion, we do not think we can test the

https://www.mhc.tn.gov.in/judis

correctness of the same, particularly, in an appeal filed against the order passed

under Article 226 of the Constitution of India. Once it is found that the employee

was not allowed to work, the liability to pay the salary attaches to the employer

automatically. Therefore,we see no reason to interfere with the order of the

learned single Judge. The Writ Appeal fails and the same is dismissed. No costs.

Consequently, connected miscellaneous petition is closed.

                                                              (R.S.M., J.)             (L.V.G., J.)
                                                                             27.09.2024
                 NCC : Yes/No
                 Index : Yes / No
                 Internet : Yes / No
                 CM




                 To
                 The Presiding Officer,
                 Labour Court,
                 Tirunelveli.

https://www.mhc.tn.gov.in/judis

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

CM

and

27.09.2024

https://www.mhc.tn.gov.in/judis