He shall record briefly the evidence adduced before him and then pass orders giving his reasons therefor.
Provided that an appeal may be admitted after the said period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for number preferring the appeal within that period.
This suit was filed for the declaration that the order dated 11th of January, 1983, by which he was removed from service, was bad in law.
The appeal was filed with the Deputy Commissioner of Labour Appeals , Madras.
The appellant, thereafter, filed an appeal under Section 41 2 of the Tamil Nadu Shops and Establishments Act, 1947 for short, the Act on 21st of July, 1983.
It is claimed that the entire period during which those proceedings were pending has to be excluded and if this is done, the suit will be well within limitation.
Copies of the orders shall also be furnished to the parties, if required by them.
It was at this stage that the appellant instituted regular suit No.
He prayed for a decree for reinstatement with companysequential benefits.
This order was challenged by the appellant in an appeal filed before the Local Board of the Bank on 21st of February, 1983 but by order dated 18th of May, 1983, the appeal was dismissed.
Judge, Madras with the finding that the suit was number barred by limitation and that the order of dismissal passed against the appellant was bad.
Appeals under section 41 1 1 The Deputy Commissioner of Labour in their respective areas assinged to them by the Commissioner of Labour shall be the authorities for the purposes of hearing appeals under sub section 2 of section 41 of the said Act Provided that the Commissioner of Labour may, by order in writing, on the representation made by either of the parties in this behalf or on his own accord, withdraw any case under this Act, pending before an authority and transfer the same to another authority for disposal.
He has the jurisdiction to decide whether the order of dismissal, passed by the employer, was valid or it was passed in violation of any statutory rule or principles of natural justice.
It is in these circumstances that the present appeal has been filed.
The High Court did number go into the merits of the case.
Thus, the Deputy Commissioner of Labour Appeals may number be a civil companyrt within the meaning of the Code of Civil Procedure but it is definitely a companyrt.
Under Section 41 3 , the order passed by him is binding on the employer as also on the employee.
The first appeal filed, thereafter, by the appellant was allowed on 7th of March, 1995 by the VIII Addl.
This suit was dismissed by the trial companyrt by its judgment dated 20th of April, 1994.
The result of the appeal shall be companymunicated to the parties as soon as possible.
On 31st of July, 1981, a chargesheet was issued to him which was followed by a regular departmental proceedings and ultimately on 11th of January, 1983, the appellant was removed from service.
3 The procedure to be followed by the appellate authority Deputy Commissioner of Labour , when hearing appeals preferred to him under sub section 2 of section 41 shall be summary.
The trial companyrt further held that the suit was number within limitation.
L.J. 34.
It is number disputed that the appeal filed before the Deputy Commissioner of Labour Appeals , Madras was within time.
9 A. Re hearing of appeals.
The numbermal period of limitation within which the suit companyld have been filed is three years under Article 58 of the Limitation Act, 1963.
The respondent, thereafter, filed a second appeal which was allowed by the Madras High Court on 9th of August, 1996 with the finding that the suit was instituted in the Civil Court beyond the period of limitation prescribed under the Limitation Act.
In order to bring a suit within the period of limitation, the appellant claimed benefit of Section 14 of the Limitation Act on the ground that he had represented to the Local Board and, thereafter, filed an appeal under Section 41 2 of the Tamil Nadu Shops and Establishments Act, 1947 and was, therefore, prosecuting civil proceedings in a companyrt with due diligence.
2 In any appeal preferred under the Act, if the appellant fails to appear on the specified date, the appellate authority may dismiss the appeal.
1 In any appeal preferred under the Act, if the employer or his representative fails to appear on the specified date, the appellate authority may proceed to hear and determine the appeal ex parte.
In July, 1977, he was promoted to the post of Branch Manager but on 8th of September, 1980, he was placed under suspension.
This judgment was upheld by this Court on 21st of April, 1988 and is since reported in 1988 3 SCC It was because of this decision that the appellants L.P. C No.
14963 of 1987 against the order of 1st of September, 1988 by which the appeal was rejected by the Deputy Commissioner of Labour Appeals was dismissed.
SAGHIR AHMAD, J. The appellant was appointed as a Clerk in the State Bank of India for short, the respondent in 1962.
Deputy Commissioner of Labour Appeals , Madras, which is the Authority companystituted under the Tamil Nadu Shops and Establishments Act, 1947 has the jurisdiction to adjudicate upon an order by which the services of an employee are terminated.
11099/88 in the City Civil Court, Madras for a declaration that the removal of the appellant was illegal, ultra vires and invalid.
