Madras High Court
The President vs P.Palaniappan ... 1St on 6 October, 2023
W.A.(MD)Nos.1614 to 1617 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.10.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN
W.A.(MD)Nos.1614 to 1617 of 2021
and C.M.P. (MD) Nos.6963, 6965, 6966 and 6968 of 2023
The President,
M.D.3, Gujiliamparai Panchayat Union,
Employees Cooperative Thrift and Credit Society,
Gujiliamparai,
Dindigul District. ...Appellant/2nd Respondent in W.A.
(MD) No.1614 of 2021
The President,
A.1976, Narasingapuram Primary Agricultural Credit Society,
Narasingapuram, Gujiliamparai Taluk,
Dindigul District. ...Appellant/2nd Respondent in W.A.
(MD) No.1615 of 2021
The President,
A.1410, R.Pudhukkottai Primary Agricultural Credit Society,
R.Pudhukkottai Post, Gujiliamparai Taluk,
Dindigul District. ...Appellant/2nd Respondent in W.A.
(MD) No.1616 of 2021
The President,
R.518, Kannumeikkipatti Primary Agricultural Credit Society,
Kannumeikkipatti, Gujiliamparai Taluk,
Dindigul District. ...Appellant/2nd Respondent in W.A.
(MD) No.1617 of 2021
-Vs.-
1/7
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.1614 to 1617 of 2021
P.Palaniappan ... 1st Respondent/Petitioner in W.A.
(MD) No.1614 of 2021
S.Durga ... 1st Respondent/Petitioner in W.A.
(MD) No.1615 of 2021
K.Muthulakshmi ... 1st Respondent/Petitioner in W.A.
(MD) No.1616 of 2021
T.Meena ... 1st Respondent/Petitioner in W.A.
(MD) No.1617 of 2021
2.The Assistant Commissioner of Labour,
Authority under Tamil Nadu Industrial Establishment
(Conferment of Permanent Status to Workman) Act, 1981,
Dindigul. ... 2nd Respondent/1st Respondent in
all the Writ Appeals.
3.The Circle Deputy Registrar of Co-operative Societies,
Office of the Circle Deputy Registrar of Co-operative Societies,
Palani, Dindigul District.
4.The Joint Registrar of Co-operative Societies,
Dindigul Region,
Dindigul District. ... Respondents 3 and 4 in all the Writ
Appeals
(R3 and R4 are impleaded vide Court Order
dated 25.01.2023 made in C.M.P.(MD) Nos.
1162 to 1164, 930, 12259, 12263 and 12290
of 2022 in W.A.(MD) Nos.1614 to 1617 of
2021 by GJJ and SMJ)
COMMON PRAYER:- Writ Appeals filed under Clause 15 of Letters
Patent Act, to set aside the common order dated 22.04.2021 made in W.P.
(MD)Nos.8209, 8213, 8192 and 8201 of 2021 on the file of this Court.
2/7
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.1614 to 1617 of 2021
For Appellant in all : Mr.S.Balamurugan
the Writ Appeals
For Respondents : Mr.B.Shanmugaraja Sethupathi
For R1 all the Writ Appeals
Mr.S.Shanmugavel,
For R2 in all the Writ Appeals
Mr.Veera Kathiravan
Additional Advocate General
for R3 and R4 in all the Writ
Appeals
****
JUDGMENT
(Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.)
These Writ Appeals have been instituted challenging the
common order dated 22.04.2021 passed in W.P.(MD)Nos.8209, 8213,
8192 and 8201 of 2021. The first respondents were admittedly engaged
as Appraisers on daily wage basis.
2. Learned Additional Advocate General appearing the on
behalf the respondents 3 and 4 mainly contended that the Appellants
Societies are Co-operative Societies registered under the provisions of
the Tamil Nadu Co-operative Societies Act, 1983. The service conditions
of the employees of the Co-operative Societies are regulated under Rule
149 of the Tamil Nadu Co-operative Socieites Rules, 1988 and the
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.1614 to 1617 of 2021
consequential special byelaws approved by the Registrar under the
provisions of the Tamil Nadu Co-operative Societies Act. When the
special enactment and the consequential Rules governing the service
conditions are in force, the provisions of the general law cannot be
applied. This being the basic proposition of law, the question arises for
consideration is whether the implementation of the order passed by the
competent authority under the Tamil Nadu Industrial Establishments
(Conferment of Permanent Status to Workmen) Act, 1891 will prevail.
3. Factually, the order dated 27.01.2021, was passed by the
competent authority under the Tamil Nadu Industrial Establishments
(Conferment of Permanent Status to Workmen) Act, 1891 and
immediately a representation was submitted by the first respondent
employees on 10.04.2021 and thereafter, within a period of four days the
Writ Petitions were filed in W.P.(MD)Nos.8209, 8213, 8192 and 8201 of
2021 and the learned Single Judge issued a direction to implement the
order passed by the competent authority on 22.04.2021. The entire
sequence of facts narrated above would be sufficient enough to form an
opinion that there is a likelihood of collusion between the Management
and the temporary Appraisers working in the Co-operative Society.
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.1614 to 1617 of 2021
4. Learned Additional Advocate General has also brought to
our notice regarding the manner in which the order has been secured by
the first respondents before the learned Single Judge. It is contended that
no opportunity was granted to the appellants and the respondents 3 and 4
to defend their case. Curiously, the learned Additional Government
Pleader appeared in the Writ Petitions on behalf of the appellants Co-
opererative Societies conceeded the case by stating that the authority
competent under the Tamil Nadu Industrial Establishments (Conferment
of Permanent Status to Workmen) Act, 1891 will pass orders. It raises a
serious doubt in our mind about the collusion as raised by the learned
Additional Advocate General.
5. Since no opportunity was granted to the Co-operative
Societies as well as to the impleaded respondent 3 and 4, who are all
having control over the affairs of Co-operative Societies under the Act,
we are inclined to consider the Writ Appeals. Accordingly, the common
order dated 22.04.2021 passed in W.P.(MD)Nos.8209, 8213, 8192 and
8201 of 2021 is set aside and the Writ Appeals stand allowed. The Writ
Petitions stand restored and the learned Single Judge is requested to
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W.A.(MD)Nos.1614 to 1617 of 2021
dispose of the Writ Petitions as expeditiously as possible after
completion of the pleadings between the parties. The parties are at liberty
to challenge the orders passed by the competent authority also. No costs.
Consequently, connected Miscellaneous Petitions are closed.
[S.M.S.J.,] & [V.L.N.J.,]
NCC :Yes/No 06.10.2023
Index :Yes/No
Internet :Yes/No
SJ
To
1.The Assistant Commissioner of Labour,
Authority under Tamil Nadu Industrial Establishment
(Conferment of Permanent Status to Workman) Act, 1981,
Dindigul.
2.The Circle Deputy Registrar of Co-operative Societies,
Office of the Circle Deputy Registrar of Co-operative Societies,
Palani, Dindigul District.
3.The Joint Registrar of Co-operative Societies,
Dindigul Region,
Dindigul District.
https://www.mhc.tn.gov.in/judis
W.A.(MD)Nos.1614 to 1617 of 2021
S.M.SUBRAMANIAM, J.
AND
V. LAKSHMINARAYANAN, J.
SJ
W.A.(MD)Nos.1614 and 1617 of 2021
06.10.2023
https://www.mhc.tn.gov.in/judis
