P. Ravichandran v. Joint Registrar of Cooperative Societies, Villupuram
2013-06-12
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
Judgment :- 1. With the consent of both the counsel, the writ petition is taken up for disposal. 2. Heard both sides. The case of the petitioner is that he has filed a revision petition, dated 13.5.2013 under Section 153 of the Tamil Nadu Cooperative Societies Act against the action of the second respondent in securing forced resignation on 4.4.2013 while he was working as Salesman in the second respondent Cooperative society. The revision petition was rejected by the first respondent on 31.5.2013 on the sole ground that there was no order of the second respondent. 3. According to the learned counsel for the petitioner, for entertaining the revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act, there need not be any order and the action of the cooperative society can be assailed under Section 153 of the Act. He has relied on a judgment of this court in W.P.No.10591 of 2009, dated 11.08.2009. Paragraph 6 of the said order is extracted hereunder : "6. As rightly pointed out by the learned counsel for the petitioner, to invoke the power under Section 153 of the Act, there need not be any previous order passed by the Cooperative society. Any proceeding, on which a member feels aggrieved can take up a revision before the Registrar of the Co-operative Society under Section 153 of the Act. Here, in the case on hand, the grievance of the petitioner is that the revision of wages was not implemented from 01.01.2007. Such grievance can also be gone into by the first respondent under Section 153 of the Act. In that view of the matter, I am inclined to allow the writ petition." 4. In view of the same, the impugned order dated 31.5.2013 is quashed and the matter is remanded back to the first respondent to decide the matter on merits as to whether the resignation was voluntary or forced one. The first respondent is directed to decide the revision within a period of eight weeks from the date of receipt of copy of this order after hearing both the petitioner and the second respondent. Accordingly, this writ petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.