M. Dhandapani and others v. The Registrar of Co-operative Societies, Kilpauk, Chennai and another
2001-09-21
P.D.DINAKARAN
body2001
DigiLaw.ai
ORDER: The petitioners joined in the second respondent Society on 4.5.2000, 8.5.2000, 10.5.2000 and 15.5.2000 respectively, and have put in more than 480 days of continuous service. They have not been sponsored through employment exchange. They have sent a representation to the first respondent, seeking to regularise their service in the second respondent Society, in the light of G.O.Ms. No.86, Co-operation, Food and Consumer Protection Department, dated 12.3.2001. In the meanwhile, the second respondent proposing to terminate the service of the petitioners, issued notice to the petitioners on 3.9.2001, to show cause as to why they should not be removed from service. 2. Apprehending that their service would be terminated, petitioners seek a writ of mandamus to direct the respondents to consider and pass orders on their representation dated 14.9.2001, in the light of the provisions of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and taking into consideration the orders of the State Government in G.O.Ms. No.86, Co-operation, Food and Consumer Protection Department, dated 12.3.2001 and consequently, to forbear the respondents from disturbing their service till the order is passed on their representation for regularisation of service. 3. A larger Bench of this Court, consisting of five judges, by order dated 11.10.2000 in W.P. SR. No.58714 of 1999 etc. batch, held that no writ will lie against the Co-operative Society. However, considering the facts and circumstances of the case, it is suffice to direct the first respondent to exercise his powers under Sec.153 of the Co-operative Societies Act and to pass appropriate orders on the representation of the petitioners dated 14.9.2001, on merits, giving benefit of G.O.Ms. No.86, Co-operation, Food and Consumer Department, dated 12.3.2001, which has been upheld by E.Padmanabhan, J. by order dated 20.9.2001 in W.P. No.10609 of 2001, within twelve weeks from the date of such representation. Till then, respondents shall maintain status quo with regard to the service of the petitioners. 4. If the petitioners are still aggrieved by the order of the Registrar, they are at liberty to approach the authorities constituted under the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, as held in W.P. No.3486 of 1999 dated 11.3.1999, which view was also supported by order dated 30.9.1999 in W.P. No.16186 of 1999, which was confirmed by a Division Bench of this Court by order dated 15.6.2001 in W.A. No.190 of 2000.
The writ petitions are ordered accordingly. No costs. Consequently, W.M.P. Nos.25656 to 25659 of 2001 are closed.