Madras High Court
R. Uma Sankari vs The Joint Registrar Of ... on 23 September, 2022
W.P. No.22407 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.09.2022
CORAM:
THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE
W.P. No.22407 of 2018
and
W.M.P. No.26252 of 2018
R. Uma Sankari ...Petitioner
vs.
1. The Joint Registrar of Co-operative Societies,
Thiruvannamalai Region,
Thiruvannamalai – 606 604,
Thiruvannamalai District.
2. The Deputy Registar of Co-operative Societies,
(Full Additional Incharge),
Thiruvannamalai Circle,
Thiruvannamalai – 606 604,
Thiruvannamalai District.
3. The President. ... Respondents
Prayer : Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the respondents to disburse the
petitioner's arrears of salary from November 2017 to till date
consequently to disburse the same in every month by taking note of the
pay scale fixed in the concluded settlement made u/s.12(3) of I.D. Act
and disbursed the same till October, 2017.
https://www.mhc.tn.gov.in/judis
1/7
W.P. No.22407 of 2018
For petitioner : Ms.Hemalatha
for Mr.C. Prakasam
For respondents : Mr.G. Ameedius,
Government Advocate for R1 & R2
Mr.L.P. Shanmugasundaram for R3
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the respondents to disburse the petitioner's arrears of salary
from November 2017 to till date by taking note of the pay scale fixed in
the concluded settlement made u/s.12(3) of Industrial Disputes Act.
2. Originally the petitioner was appointed as an Attender in the 3 rd
respondent Society on 07.11.1999 on the basis of daily wages. Thereafter
on 10.11.2008, her salary was fixed by way of time scale and a
consolidated payment of Rs.1,000/- p.m. was paid to her. She was then
asked to work as a Clerk and subsequently on 14.04.2010, she was
promoted as Assistant Secretary (Incharge). Thereafter, on 26.09.2015,
she was promoted as Secretary and fixed in the time scale of basic pay of
Rs.8,300/- - Rs.34,800/-. The petitioner and the 3rd respondent have
entered into a settlement under Section 12(3) of the Industrial Disputes
https://www.mhc.tn.gov.in/judis
W.P. No.22407 of 2018
Act and the pay scale was fixed for the petitioner. The petitioner has
given representations on 22.01.2018 and 29.01.2018 to the respondents
requesting them to disburse her arrears of salary and pay the salary as per
concluded settlement arrived at under Section 12(3) of the Industrial
Disputes Act. Since the representations have not been considered, till
date, the petitioner has filed this writ petition.
3. A counter has also been filed by the respondents denying the
petitioner's claim and stated as follows :-
(a) the petitioner was illegally appointed as an Attender
by the then President of the Society on the basis of the daily
wage on 07.11.1999.
(b) the petitioner's initial appointment as an Attender
was never regularised by the respondents and therefore, she
is not eligible to be promoted from the post of Attender to
Clerk and from the post of Assistant Secretary to the
Secretary.
c) the petitioner and the General Secretary, National
General Workers Federation, Vellore have misled the
Management and entered into Section 12(3) settlement
before the Labour Officer, Vellore, which is contrary to G.O.
https://www.mhc.tn.gov.in/judis
W.P. No.22407 of 2018
Ms. No.89, Cooperation, Food and consumer Protection
Dept., dated 17.05.2000 and the Registrar of Cooperative
Societies, Chennai instructions letter dated 21.08.2008.
4. Heard Ms.Hemalatha, learned counsel for the petitioner,
Mr.G.Ameedius, learned Government Advocate for the respondents 1 and
2 and Mr.L.P. Shanmugasundaram, learned counsel for the 3 rd
respondent.
5. The learned counsel for the petitioner would submit that having
entered into Section 12(3) settlement, the respondents are bound to
accept the same and pay the salary to the petitioner accordingly. She also
drew the attention of this Court to a judgment rendered by the learned
Single Judge of this Court in a batch of writ petitions viz., W.P. No.21440
of 2015 and batch, on 19.02.2021 and would submit that the petitioner
has satisfied the conditions imposed under the said order and therefore
she is eligible to receive the arrears of salary.
6. The learned Government Advocate appearing for the respondents
1 and 2 and the learned counsel for the 3rd respondent would submit that
the respondents have implemented the order dated 19.02.2021 of the
https://www.mhc.tn.gov.in/judis
W.P. No.22407 of 2018
learned Single Judge of this Court in W.P. No.21440 of 2015 and batch,
referred to supra by issuing a Circular, dated 09.09.2021. Since the
learned counsel for the petitioner as well as the learned counsel for the 3rd
respondent would in unison accept that the judgment of the learned
Single Judge in a batch of writ petitions referred to supra has been
implemented, no prejudice would be caused to the respondents, if they
are directed to consider the petitioner's representation seeking for
disbursement of salary in the light of the Circular No.7 of 2021 issued by
the Registrar of Co-operative Societies, pursuant to the order of the High
Court in W.P. No.21440 of 2015 on 19.02.2021. The learned counsel for
the petitioner has also submitted that the petitioner is agreeable if such a
direction is issued by this Court.
7. This Court is not expressing any opinion on the merits of the
petitioner's claim.
8. For the foregoing reasons, this Court directs the 1 st respondent to
pass final orders on the petitioner's representations dated 22.01.2018 and
29.01.2018 requesting for disbursement of her arrears of salary and pay
the salary as per the concluded settlement arrived at under Section 12(3)
of the Industrial Disputes Act, within a period of three months from the
date of receipt of a copy of this order in the light of the decision of the
https://www.mhc.tn.gov.in/judis
W.P. No.22407 of 2018
learned Single Judge, dated 19.02.2021 passed in W.P. No.21440 of
2015 and batch followed by the Circular, dated 09.09.2021 issued by
the Registrar of Co-operative Societies.
9. With the aforesaid directions, this writ petition is disposed of.
No costs. Consequently, connected miscellaneous petition is closed.
23.09.2022
Index: Yes/No
Internet: Yes/No
Speaking Order/Non-Speaking Order
vsi2
To :
1. The Joint Registrar of Co-operative Societies,
Thiruvannamalai Region,
Thiruvannamalai – 606 604,
Thiruvannamalai District.
2. The Deputy Registar of Co-operative Societies,
(Full Additional Incharge),
Thiruvannamalai Circle,
Thiruvannamalai – 606 604,
Thiruvannamalai District.
https://www.mhc.tn.gov.in/judis
W.P. No.22407 of 2018
ABDUL QUDDHOSE, J.
vsi2
W.P. No.22407 of 2018
23.09.2022
https://www.mhc.tn.gov.in/judis
