The Management vs A.Mathivendan
2024 Latest Caselaw 21703 Mad

Madras High Court

The Management vs A.Mathivendan on 15 November, 2024

Author: D.Krishnakumar

Bench: D. Krishnakumar

                                                                                      WA No.2241 of 2024

                                    IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED: 15.11.2024

                                                          CORAM:

                                      THE HON'BLE MR.JUSTICE D. KRISHNAKUMAR
                                                            AND

                                           THE HONOURABLE MR.JUSTICE P.B. BALAJI

                                                     WA No.2241 of 2024

                     The Management,
                     Urban Cooperative Bank Salem,
                     No.405, 1st Agragaram,
                     Salem 636 001                                        ... Appellant

                                  versus

                     1.A.Mathivendan

                     2.The Joint Registrar of Cooperative Societies
                       (Revisional Authority u/s.153 of
                       Tamil Nadu Cooperative Societies Act, 1983)
                       Salem Region,
                       No.410, Collectorate Complex,
                       Salem District                                        ...Respondents

                     PRAYER: Writ Appeal filed against the order of the learned Single Judge

                     in WP No.34572 of 2022 dated 13.12.2023



                              For the Appellant         :Mr.V.Ravichandran

                     1/5


https://www.mhc.tn.gov.in/judis
                                                                                      WA No.2241 of 2024



                              For the Respondents      : Mr.N.Kolandaivelu,
                                                         for the first respondent

                                                         Mrs.Geetham Thamaraiselvam,
                                                         Special Government Pleader


                                                       JUDGMENT

(Judgment of the Court was delivered by D.KRISHNAKUMAR, J.)

The Writ Appeal is filed against the order of the learned Single

Judge in WP No.34572 of 2022 dated 13.12.2023.

2. The writ court has relied upon the decision of the Hon'ble

Supreme Court in the case of State of Punjab vs Rafiq Masih (White

Washer) reported in (2015) 4 SCC 334, wherein it is categorically held that

recovery of excess amount wrongfully made by the employer in excess of

five years, is impermissible in law.

3. On the facts of this case, the respondent herein was working as

a Driver under D category in the aforesaid society and further, the aforesaid

excess amount has been withheld by the petitioner management at the time

https://www.mhc.tn.gov.in/judis

of respondent herein attaining the age of superannuation. Therefore, the

same is also impermissible under law in the light of the judgment cited

supra.

4. Considering from any angle, the judgment of the Hon'ble

Supreme Court in White Washer's case cited supra, wherein the petitioner

department which withheld the excess amount had paid to the employees,

squarely applies to the facts of this case. Therefore, in the light of the

decision of the Hon'ble Supreme Court in White Washer's case, the order of

the writ court is perfectly valid and nothing warrants to interfere with the

order of the writ court. Consequently, the writ appeal stands dismissed.

There shall be no order as to costs. CMP No.15764 of 2024 is closed.

                                                                 (D.K.K.,J)    (P.B.B., J.)
                                                                          15.11.2024

                     Index        : Yes/No
                     Neutral Citation : Yes/No
                     mrn


                     To

The Joint Registrar of Cooperative Societies

https://www.mhc.tn.gov.in/judis

(Revisional Authority u/s.153 of Tamil Nadu Cooperative Societies Act, 1983) Salem Region, No.410, Collectorate Complex, Salem District

https://www.mhc.tn.gov.in/judis

D.KRISHNAKUMAR, J.

and P.B. BALAJI, J.

(mrn)

15.11.2024

https://www.mhc.tn.gov.in/judis