- (1.) The order dated 21.02.2011 passed in C.P.No.1/2009 is under challenge in the present writ petition.
(2.) The petitioner is a Co-operative Bank which is registered under the Tamil Nadu Co-operative Societies Act. The learned counsel appearing on behalf of the writ petitioner made a submission that on account of certain irregularities committed regarding the disbursal of loans to the members of the writ petitioner/Bank, the second respondent was charged with misdeeds committed and accordingly an enquiry was conducted, surcharge proceedings were initiated under the Tamil Nadu Co-operative Societies Act. A criminal case was also registered against the second respondent and he was arrayed as Accused No.12 in C.C.No.71/2006 and the said criminal case is under trial.
(3.) Under these circumstances, the second respondent filed a petition in C.P.No.1/2009 under Section 33 C (2) of the Industrial Disputes Act before the first respondent to claim the benefit of gratuity and earned leave salary. The Labour Court adjudicated the issue and passed an order allowing the prayer sought for by the petitioner and directed the writ petitioner/Management to settle the gratuity amount and earned leave salary.;