(Judgment of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties on the point.
2. It appears that based on certain complaints against the first respondent herein, while he was working as Manager in the appellant-Society, disciplinary proceedings was initiated against him and a punishment of reversion was imposed in the year 2011, however, after three years viz., on 21.4.2014, it was revised by the first appellant herein, suo motu, and the first respondent herein was imposed with a punishment of dismissal from service against which, the first respondent had moved the writ petition and obtained an order in his favour, which is under challenge in the present writ appeal.
3. On going through the order passed by the learned Single Judge, we find that the learned Single Judge, having found that the punishment was imposed by suo motu revision without compliance of principles of natural justice, set aside the same and directed for reinstatement of the writ petitioner with all attendant benefits.
4. Having regard to the nature of charges and the fact that the suo motu revision was made behind the back of the first respondent, we do not find any reason to interfere with the order passed by the learned Single Judge. However, with regard to backwages is concerned, we make it clear that the period from the date of dismissal till the date of reinstatement, would be treat as leave without salary applying the well settled principle of 'no work, no pay'. but, with continuity of service for the said period. The writ appeal is disposed of accordingly. No costs. The connected miscellaneous petition is closed.
(H.G.R.,J.)(T.K.R.,J.) 16.11.2017.
Index:Yes/No Internet:Yes/No ssk.
To:
1. The Director of Handlooms and Textiles (Functional Registrar Tamil Nadu Co-operative Societies Act), Office of the Director of Handlooms and Textiles, Chennai 600 108.
2. The Assistant Director Handloom and Textiles, Office of the Assistant Director of Handloom and Textiles, Erode.
3. The Management of Myladi Weavers Cooperative Society Ltd., rep. by its President Myladi Weavers Cooperative Society Ltd., Chennimalai, Erode District.
HULUVADI G. RAMESH, J.
AND RMT.TEEKAA RAMAN, J ssk.
W.A.No.1443 of 2017 16.11.2017.