WA No. 1729 of 2026 __________ Page1 of 6 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06-07-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE N.SENTHILKUMAR WA No. 1729 of 2026 AND CMP NO. 15858 OF 2026 1. The Chairman (The Reviewing Authority For Officer In Grade I And Iv) The Catholic Syrian Bank Ltd Head Office Staff Department St.Marys College Road Thrissur 680020. 2. The General Manager (Appellate Authority For Disciplinary Proceedings), The Catholic Syrian Bank Ltd Head, Office Staff Department St.Marys College Road Thrissur 680020. 3. The Deputy General Manager (Disciplinary Authority) The Catholic Syrian Bank Ltd Head Office Staff Department St.Marys College Road Thrissur 680020 4. The Branch Manager The Catholic Syrian Bank Peravallur Branch Chennai 600082. ..Appellants Vs https://www.mhc.tn.gov.in/judis WA No. 1729 of 2026 __________ Page2 of 6 1. Appellate Authority Under The Tamilnadu Shops And Establishments Act 1947 Rep By Special Dy. Commissioner Of Labour Office Of Labour Commissioner 4th Floor Teynampet Chennai 600006. 2. Raju Daniel No.27 Sudha Nagar Lakshmipuram, Kolathur Chennai 600099 ..Respondent(s) Prayer : Writ Appeal under Clause XV of the Letters Patent to set aside the order dated 02.04.2025 in WP No. 6664 of 2025. For Appellants : Mr.Anand Gopalan, for M/s.Advit Law Chambers For Respondent(s): Mr.C.Balasundar for R2 Judgment (Judgment of the Court was delivered by S.M.Subramaniam J.) Writ order dated 02.04.2025 passed in W.P.No.6664 of 2025 is under challenge in the present writ appeal. 2. Catholic Syrian Bank is the appellant herein. The second respondent filed an appeal before the competent authority under the Tamil Nadu Shops and Establishments Act challenging the order of termination https://www.mhc.tn.gov.in/judis WA No. 1729 of 2026 __________ Page3 of 6 passed in the year 2013. Learned counsel for the appellant would submit that the appeal under Section 41 of the Act was filed in the year 2018, after a lapse of three and half years. Therefore, the appellant could not be able to produce all the enquiry proceedings before the competent authority. However, all those enquiry proceedings are served on the second respondent, who is the aggrieved person before the competent authority and he has a bounden duty to file all the documents to establish his case. Contrary to the said position, the writ Court has held that the appellants shall produce all the enquiry proceedings before the competent authority. Aggrieved by the said direction, the present writ appeal has been filed. 3. Learned counsel for the second respondent would submit that he has filed some of the documents to establish his case. It is not in dispute that he participated in the enquiry proceedings and all the proceedings relating to the departmental disciplinary proceedings were served on him. The second respondent filed an appeal after a lapse of three and half years. Therefore, it is for him to file all the relevant documents to establish his case before the competent authority. The burden of proof lies with the person who files an appeal before the authority at the first instance. https://www.mhc.tn.gov.in/judis WA No. 1729 of 2026 __________ Page4 of 6 4. That being the principle, the findings of the writ court that the appellants shall produce all the enquiry proceedings before the shops authority alone is set aside and the second respondent shall produce all the documents available with him to establish his case before the competent authority under the Shops and Establishments Act. Regarding the direction of the writ court to conclude the proceedings as expeditiously as possible, the same stands confirmed. 5. With the above directions, this writ appeal is disposed of. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (N.S.,J.) 06-07-2026 Index: Yes Speaking order Neutral Citation: Yes/No KST https://www.mhc.tn.gov.in/judis WA No. 1729 of 2026 __________ Page5 of 6 To The Special Deputy Commissioner of Labour (Appellate Authority Under The Tamilnadu Shops And Establishments Act 1947)Office Of Labour Commissioner 4th Floor Teynampet Chennai 600006 https://www.mhc.tn.gov.in/judis WA No. 1729 of 2026 __________ Page6 of 6 S.M.SUBRAMANIAM J. AND N.SENTHILKUMAR J. KST WA No. 1729 of 2026 AND CMP NO. 15858 OF 2026 06-07-2026 https://www.mhc.tn.gov.in/judis