Disposed

G.Raja v. Registrar of Co-operative

Madras HC6 Jan 2016WP/107/2016

Case brief

AI extract

What is this about?

The High Court refused to compel the Deputy Registrar of Cooperative Societies to file an appeal against a labour court order reinstating the petitioner. The court directed the Registrar to seek the opinion of the Special Government Pleader before proceeding due to conflicting advice from lower authorities.

What did the court decide?

Direction to the second respondent to seek the opinion of Mr. L.P. Shanmugasundaram, Special Government Pleader, High Court, Madras, before preferring an appeal.

G.Raja Vs Registrar of Co-operative — Service and Employment | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 06.1.2016

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CORAM :

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THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM

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Writ Petition No.107 of 2016

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G.Raja ... Petitioner

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1. The Registrar of Cooperative Societies, Kilpauk, Chennai-10. 2. The Deputy Registrar of Cooperative Societies, Namakkal Circle, Namakkal, Namakkal District.

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The Deputy Commissioner of Labour, Appellate Authority under Tamil Nadu Shops & Establishments Act, Salem, Salem District.

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The President, D.R.L.(C) 11, the Mohanur Cooperative Primary Agriculture & Rural Development Bank Ltd., Mohanur-637015. Namakkal District.

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P.Thamilalagan ... Respondents

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PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the second respondent to ensure that the order of the third respondent in SEA No.9 of 2006 dated 29.5.2015 is agitated in the court of law as per the proceedings of the second respondent in his proceedings Na.Ka.No.4102/2015/Pinakoo dated 1.10.2015 and Na.Ka.No.4102/2015/Pinakoo dated 12.10.2015.

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For Petitioner : Mr.P.Ganesan for M/s.C.S.Associates

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For Respondents 1 and 2 : Mr.L.P.Shanmugasundaram, Special Government Pleader

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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Mr.L.P.Shanmugasundaram, learned Special Government Pleader takes notice for respondents 1 and 2. In view of the limited nature of relief to be granted, the writ petition is taken up for final disposal without ordering notice to respondents 3 to 5.

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The petitioner, claiming to be a member of the fourth respondent - cooperative society, has filed this writ petition seeking a direction to the second respondent for preferring an appeal as against the order passed by the third respondent in SEA.No.9 of 2006 dated 29.5.2015 in terms of the proceedings of the second respondent dated 1.10.2015 and 12.10.2015.

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The order passed by the third respondent is under the provisions of the Tamil Nadu Shops and Establishments Act. The fifth respondent challenged the order of termination before the third respondent by filing an appeal in SEA.No.9 of 2006. The third respondent considered the matter and by order dated 29.5.2015, set aside the order of termination and further directed the fourth respondent - Cooperative Society to reinstate the petitioner with back wages and continuity of service.

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The grievance of the petitioner is that the second respondent should prefer an appeal, as one Government Pleader in Namakkal District has given an opinion that the case is fit for appeal.

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It appears that another opinion has been rendered by another Government Pleader wherein it is not clear as to whether it is a case not fit for appeal or fit for appeal. In any event, the second respondent passed an order on 12.10.2015 stating that the appeal has to be preferred. Since the same has not been implemented, the petitioner is before this Court.

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It is seen that prior to approaching this Court, the petitioner has not submitted any representation. Therefore, the petitioner would not be justified in seeking a direction to the Authority concerned to file an appeal against the order passed by the third respondent. That apart, the locus standi of the petitioner is also doubtful, since he claims to be a member of the fourth respondent - Cooperative Society and therefore, he wants to protect the interests of the bank. Be that as it may, the decision to file an appeal as against the order passed by the third respondent, is a decision, which has to be taken by respondents 2 and 4 and this Court cannot compel the Authorities to act in a particular manner.

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https://hcservices.ecourts.gov.in/hcservices/

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However, since there appears to be a conflict in the opinions given by the local Government Pleaders, while rejecting the prayer sought for in the writ petition, there will be a direction to the second respondent to seek the opinion of Mr.L.P.Shanmugasundaram, learned Special Government Pleader, High Court, Madras and based on his opinion, it is open to the second respondent to proceed in accordance with law.

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The writ petition is disposed of accordingly. No costs.

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Sd/-

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Assistant Registrar(CO)
//True Copy//
Sub Assistant Registrar
RS
To
1.The Registrar of Cooperative Societies,
Kilpauk, Chennai-10.
2.The Deputy Registrar of Cooperative Societies,
Namakkal Circle, Namakkal,
Namakkal District.

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3.The Deputy Commissioner of Labour, Appellate Authority under Tamil Nadu Shops & Establishments Act, Salem, Salem District.

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+1cc to M/s.C.S.Associates, Advocate, S.R.No.1075

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+1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.1067 +1cc to the Government Pleader, S.R.No.977

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W.P.No.107 of 2016

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KK(CO) CA(20/01/2016)

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https://hcservices.ecourts.gov.in/hcservices/

G.Raja v. Registrar of Co-operative

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G.Raja v. Registrar of Co-operative

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