Commissioner, Salem Municipality Vs. T. Muralmani & Anr.
EmailAppeal: Civil Appeal No. 9879 of 1995
(Arising out of SLP (C) No.14720 of 1995)
(From the Judgment and Order dated 10.1.95/24.2.95 of the Tamil Nadu Administrative Tribunal, Madras in O.A. No. 3427 of 1990)
(Arising out of SLP (C) No.14720 of 1995)
(From the Judgment and Order dated 10.1.95/24.2.95 of the Tamil Nadu Administrative Tribunal, Madras in O.A. No. 3427 of 1990)
Petitioner: Commissioner, Salem Municipality
Respondent: T. Muralmani & Anr.
Apeal: Civil Appeal No. 9879 of 1995
(Arising out of SLP (C) No.14720 of 1995)
(From the Judgment and Order dated 10.1.95/24.2.95 of the Tamil Nadu Administrative Tribunal, Madras in O.A. No. 3427 of 1990)
(Arising out of SLP (C) No.14720 of 1995)
(From the Judgment and Order dated 10.1.95/24.2.95 of the Tamil Nadu Administrative Tribunal, Madras in O.A. No. 3427 of 1990)
Judges: K. RAMASWAMY & B.L. HANSARIA, JJ.
Date of Judgment: Oct 30, 1995
Appearances:
Mr. R. Mohan, Senior Advocate, Mr. V.G. Pragasam, Advocate with him for the Appellant.
Mr. T. Raja, Advocate for the Respondents.
Head Note:
SERVICE AND LABOUR LAW
Practice and Procedure
Service matter – Summary disposal of matter by the Tribunal without considering the rival contentions – Matter remitted to the Tribunal for fresh disposal according to law.
JUDGEMENT:
O R D E R
1.Leave granted.
2.Having heard the learned counsel on both sides, we think that the Tribunal, by the impugned order, was not justified in summarily disposing of the matter without considering the rival contentions which in the background of the facts of this case, ought to be gone into. Under these circumstances, the order of the Tribunal dated 10.1.1995 made in O.A.3427/90 is set aside. The matter is remitted to the Tamil Nadu Administrative Tribunal, Madras, for a fresh disposal according to law. It is made clear that we are not expressing any opinion on merits and the Tribunal is free to consider the entire controversy in the light of the Government order and pass appropriate orders according to Rules.
3.The appeal is allowed accordingly. No costs.
1.Leave granted.
2.Having heard the learned counsel on both sides, we think that the Tribunal, by the impugned order, was not justified in summarily disposing of the matter without considering the rival contentions which in the background of the facts of this case, ought to be gone into. Under these circumstances, the order of the Tribunal dated 10.1.1995 made in O.A.3427/90 is set aside. The matter is remitted to the Tamil Nadu Administrative Tribunal, Madras, for a fresh disposal according to law. It is made clear that we are not expressing any opinion on merits and the Tribunal is free to consider the entire controversy in the light of the Government order and pass appropriate orders according to Rules.
3.The appeal is allowed accordingly. No costs.
