Madras High Court
The Management vs K.Saravanan on 18 July, 2023
W.P.No.21365 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2023
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.21365 of 2015
The Management
The Thiruvallur District Consumer
Cooperative Wholesale Stores,
No.155/4, J.N.Road,
represented by its Managing Director
Thiruvallur. ... Petitioner
-Vs-
1. K.Saravanan
2. N.Jothi
3. P.Maheswari
4. M.Kalaivani
5. D.Bharathivel
6. S.Uma Maheswaran
7. R.Venkataraman
8. S.Karthikeyan
9. S.Gunasekharan
10. K.Sekhar
11. R.T.Gowri
12. M.Dhandapani
13. R.Jayalakshmi
14. R.Sekhar
15. G.Babu
16. S.Manjula
17. D.Kumar
18. A.Hari
19. D.Sivakami
20. C.Shanthi
21. M.Narayanan
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Page 1 of 7
W.P.No.21365 of 2015
22. C.Vanjiammal
23. E.M.Babu
24. K.Thiagarajan
25. The Inspector of Labour,
Tiruvallur. ... Respondents
Prayer:- Writ Petition filed under Article 226 of Constitution of India for the
issuance of Writ of Certiorari, call for the records relating to the passing of the
order in Pa.Mu.No.A/1044-A to X/2013 dated 25.07.2014 on the file of the
Inspector of Labours, Tiruvallur and quash the same.
For Petitioner : Mr.L.P.Shanmugasundram
For Respondents
R1 to R4,
R6 to R10, R12,
R14 to R18,
R22 to R24 : Mr.N.Balamurali Krishnan
R5, R11, R13
R19 to R21 : Mr.V.Vijay Shankar
for Mr.V.Rajinikanth
ORDER
This Writ Petition has been filed challenging the order of the 25th
respondent, thereby directed the petitioner and ordered that the respondents 1
to 24 should be regularized from the date of their joining and they should be
treated as permanent employees.
2. Heard the learned counsel for the petitioner and the learned counsel
for the respondents 1 to 24 and perused the materials available on record.
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W.P.No.21365 of 2015
3. The respondents 1 to 24 were appointed as salesmen in the petitioner's
stores on daily wages for 50% per day from 16.03.2000 by the Resolution
No.13. They were all appointed illegally without sponsorship from the
concerned employment exchange and in contravention of Rule 149 (2) of Tamil
Nadu Co-operative Societies Rules, 1988. All the appointments were subjected
to the provisions under Section 149 and 152 of Tamil Nadu Co-operative
Societies Act, 1988. The appointment was made in order to meet the
contingency in the petitioner's stores and as such contingency ceased to exist
and does not prevail now to warrant continuance of the temporary employment
of the respondents 1 to 24 herein. They were not regular employees for the
reason that they were not appointed through employment exchange. That apart,
their appointment were outside the cadre strength and as such in view of the
Judgment of the Hon'ble Supreme Court of India in the case of Umarani
reported in AIR 2004 SC 4504 and in the Judgment of this Court reported in
2002 (4) CTC 385 in the case of L.Justine, in which the Hon'ble Supreme
Court of India held that the powers and functions of the Co-operative Societies
in relation to the appointments and service conditions are exhaustively
considered and also held that the settlement entered under Sections 12 or 18
thereof, shall have no application to the staff of the co-operative societies
appointed without adequate qualifications or beyond the cadre strength for the
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W.P.No.21365 of 2015
period from 09.07.1980 to 11.03.2001. This is equally applicable to the staff
appointed to the co-operative societies, otherwise than through employment
exchange, for the period from 12.03.2001 onwards.
4. The learned counsel for the petitioner relied upon the Judgment of this
Court in a batch of W.P.No.21440 etc of 2020 dated 19.02.2021 and as per the
Judgment, the Registrar of Co-operative Societies issued a circular dated
09.09.2021, thereby stated that the transitory special by-law shall take with
retrospective effect from 22.04.2021.
5. The learned counsel for the petitioner filed a memo stating that the
respondents 12 and 17 died long back.
6. A perusal of the counter filed by the respondents revealed that the
respondents 1 to 24 are the employees of Thiruvallur District Consumer Co-
operative Wholesale Stores Limited at Thiruvallur. Pursuant to the bifurcation
of the Kancheepuram district into Kancheepuram and Thiruvallur districts,
there was necessity to start a Consumer Co-operative Wholesale Stores
specifically for Thiruvallur District. Therefore, 18 persons were appointed
directly by the said society in the year 1999. The rest of the persons working in
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W.P.No.21365 of 2015
the petitioner's society numbering 6 were transferred to the petitioner's society,
after the society in which they were originally appointed became defunct in the
year 2000. Right from the date of their appointment, all are continuously
working in the petitioner's society without any break. The respondents had
completed 480 days of service in two calendar years from the date of their
joining. However, their service were not regularized and they have been treated
as daily wages employees. Thereafter, they were brought on regular time scale
of pay. Therefore, the respondents approached this Court, by way of a writ
petition in W.P.No.21685 of 2013 and they were given liberty to approach the
authorities seeking regularization of their service. Accordingly, they approached
the 25th respondent under the Tamil Nadu Industrial Establishment (Conferment
of Permanent Status to Workmen) Act.
7. Admittedly, the respondents 1 to 24 were continuously in service for a
period of 480 days in the given two calendar years. Therefore, the judgments
cited by the learned counsel for the petitioner are not applicable to the case on
hand and the 25th respondent had rightly ordered to regularize the service of the
respondents 1 to 24 herein that they are eligible for permanent status for
completion of 480 days from the date of their joining and they shall be treated
as permanent employees.
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W.P.No.21365 of 2015
8. Therefore, this Court finds no infirmity or illegality in the order passed
by the 25th respondent and this writ petition is devoid of merits and liable to be
dismissed. The petitioner is directed to implement the order passed by the 25 th
respondent, within a period of eight weeks from the date of receipt of a copy of
this order.
9. Accordingly, this writ petition stands dismissed. No costs.
18.07.2023
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
mn
https://www.mhc.tn.gov.in/judis
W.P.No.21365 of 2015
G.K.ILANTHIRAIYAN, J.
mn
To
The Inspector of Labour,
Tiruvallur.
W.P.No.21365 of 2015
18.07.2023
https://www.mhc.tn.gov.in/judis
