1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.02.2011 CORAM THE HONOURABLE MR.JUSTICE V.DHANAPALAN Writ Petition (MD).No.2046 of 2011 N.Balu . . Petitioner Vs. 1.Joint Registrar of Cooperative Societies, Sivagangai District, Sivagangai. 2.Sivagangai District Consumers Cooperative, Wholesale Stores Limited, Rep. by its Special Officer/Deputy Registrar, Sivagangai. .. Respondents Prayer:- Writ petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the respondents to give effect to the order in TNSE 14/2008 passed by the Appellate Authority under the Tamil Nadu Shops and Establishments Act, Madurai, dated 14.12.2010 and consequently directing the respondent No.2 to reinstate the petitioner as Salesman and pass any such further order or orders as this Court may deem fit. For Petitioner : Mr.T.Lajapathi Roy For Respondents: Mr.V.Rajasekaran for R1 Special Government Pleader Mr.P.K.Rajendran Additional Government Pleader ORDER Mr.V.Rajasekaran, learned Special Government Pleader takes notice for the first respondent. Mr.P.K.Rajendran, learned Additional Government Pleader takes notice for the second respondent. 2. Since the writ petition is for a limited relief to direct the appellate authority and by consent of learned counsel on either side, the writ petition itself is taken up for disposal. 3. The petitioner sought a direction in this writ petition to direct the appellate authority under the Tamil Nadu Shops and Establishments Act, to give effect the order, made in TNSE No.14 of 2008, dated 14.12.2010 and for a consequential direction to the second respondent to reinstate the petitioner as Salesman. 4. It is the case of the petitioner that he was working as Salesman in the Fair Price Shop in Karaikudi R.13, Anna Nagar Fair Price Shop and he was suspended by the second respondent by order, dated 11.03.2008 and he had challenged the said suspension order by filing a writ petition before this Court in W.P.(MD).No.5613 of 2008 and this Court was pleased https://hcservices.ecourts.gov.in/hcservices/ 2 to pass an order of reinstatement by setting aside the suspension order, without prejudice to the passing of final orders in the disciplinary action initiated against the petitioner. The second respondent reinstated the petitioner vide order, dated 31.07.2008. While so, the second respondent passed the dismissal order in Na.Ka.No.142 of 2008, dated 10.09.2008 based on the domestic enquiry held by the enquiry officer over a charge memo issued to the petitioner on the allegation that he sold the civil supply articles, which was meant for distribution to the card holders and he is not a trustworthy person in administering the Fair Price Shop and he spoiled the reputation of the Fair Price Shop. The said order of dismissal was challenged before the appellate authority and the appellate authority has passed an order setting aside the order of dismissal. Therefore, the petitioner gave a representation to the first respondent to give effect to the order of the appellate authority. Pending consideration of the same, he approached this Court for the above direction. 5. After elaborate arguments and discussions, the learned counsel for the petitioner would make a plea that if a direction is given to the first respondent to dispose of the petitioner's representation, the petitioner grievance would be redressed. The learned Special Government Pleader submits that the authority may be directed to dispose of the representation with a reasonable time. 6. In view of the above submissions as the petitioner has restricted his relief to the extent of directing the first respondent to consider the representation, dated 27.01.2011, without going into the merits of the case, the first respondent is directed to consider the petitioner's representation, dated 27.01.2011, in accordance with law and on merits and pass orders, within a period of six weeks from the date of receipt of a copy of this order. The writ petition is disposed of to the limited extent indicated above. No costs. Sd/- Assistant Registrar (CO) /True copy/ Sub Assistant Registrar To 1.The Joint Registrar of Cooperative Societies, Sivagangai District, Sivagangai. 2.The Special Officer/Deputy Registrar, Sivagangai District Consumers Cooperative, Wholesale Stores Limited, Sivagangai. +1CC TO THE SPECIAL GOVERNMENT PLEADER, ADVOCATE SR.9961 +1CC TO M/S.T.LAJAPATHY ROY, ADVOCATE SR.9831 jikr SR : 22.03.2011 : 2p/5c Order made in Writ Petition (MD).No.2046 of 2011 23.02.2011 https://hcservices.ecourts.gov.in/hcservices/