Madras High Court
N.Mariappan vs The Director on 4 October, 2023
W.A.(MD)No.1729 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)No.1729 of 2023
N.Mariappan ... Appellant
Vs.
1.The Director,
Directorate of Handloom and Textiles,
Kuralagam, Chennai.
2.The Assistant Director,
Directorate of Handloom and Textile,
Collectorate Campus,
Virudhunagar District.
3.The Special Officer,
SPSPL-29,
Punalveli Weavers Cooperative Society,
Punalveli Rajapalayam Taluk,
Virudhunagar District.
4.The President,
SPSPL-29,
Punalveli Weavers Cooperative Society,
Punalveli Rajapalayam Taluk,
Virudhuangar District. ...Respondents
[R3 and R4 cause title amended vide order dated 29.03.2022]
1/4
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W.A.(MD)No.1729 of 2023
PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act, to set aside
the order passed in W.P.(MD)No.6724 of 2016 dated 29.03.2022 on the file of this
Court by allowing this writ appeal with a direction to pay the back wages with
continuity of service and attendant benefits.
For Appellant : Mr.J.Nantha Kumar
For R1 to R3 : Mr.S.Shanmugavel
Additional Government Pleader
ORDER
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
The present intra-Court appeal has been instituted against the order
passed by the learned Single Judge dated 29.03.2022 in W.P.(MD)No.6724 of
2016.
2.It is not in dispute that the appellant before us was an employee of the
4th respondent Co-operative Society. The service conditions of the employees of
the Co-operative Society are governed under the special by-laws approved under
the provisions of the Tamil Nadu Co-operative Societies Act, 1983 (hereinafter
referred to as 'the Act') and the appeal remedy is also granted under the special
by-laws and after exhausting the appeal remedy contemplated under the special
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W.A.(MD)No.1729 of 2023
by-laws that is to approach the Board, an aggrieved employee has to approach the
revisional authority under Section 153 of the Act. When such mechanism is
provided under the Act to redress the grievances of the employees, this Writ
Petition is not entertainable and more so, the principles are settled in this regard by
a Larger Bench of this Court in the case of K.Marappan Vs. The Deputy
Registrar of Co-operative Societies and another reported in 2006 (4) CTC 689.
3.In view of the facts and circumstances, we do not find any infirmity in
respect of the findings made by the learned Single Judge in the order, which is
under challenge. Therefore, this Writ Appeal stands dismissed. However, the
appellant is at liberty to workout his remedy in accordance with provisions under
the Act. No costs.
(S.M.S., J.) & (V.L.N., J.)
04.10.2023
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Yuva
https://www.mhc.tn.gov.in/judis
W.A.(MD)No.1729 of 2023
S.M.SUBRAMANIAM, J.
AND
V.LAKSHMINARAYANAN, J.
Yuva
To
1.The Director,
Directorate of Handloom and Textiles,
Kuralagam, Chennai.
2.The Assistant Director,
Directorate of Handloom and Textile,
Collectorate Campus,
Virudhunagar District.
3.The Special Officer,
SPSPL-29,
Punalveli Weavers Cooperative Society,
Punalveli Rajapalayam Taluk,
Virudhunagar District.
W.A.(MD)No.1729 of 2023
04.10.2023
https://www.mhc.tn.gov.in/judis
