Petitioner management challenged an order conferring permanent status to a workman. The Court upheld the order as there were sanctioned posts. It clarified that future claims against Co-operative Societies must implead the Deputy Registrar.
Writ petition dismissed; no costs; connected miscellaneous petition closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.1144 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.11.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.1144 of 2022 and W.M.P(MD)No.961 of 2022
The Management,
SP.SPL.134, Matthinayakkanpatti, Primary Agricultural Co-operative Bank Limited, Kulloor Sandhai, Aruppukottai Taluk, Virudhunagar District.
... Petitioner
Vs
1.The Authority under Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and its Rules/
The Assistant Commissioner of Labour (Excise), Viruthunagar.
2.S.Parameswari ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, to call for the records pertaining to the impugned order passed by the first respondent in Na.Ka.No.A/1819/2021 dated 07.01.2022 and quash the same.
1/5
W.P(MD)No.1144 of 2022
For Petitioner : Mr.S.Vignesh For Respondents : Mr.A.K.Manikkam Special Government Pleader for R.1
Mr.P.R.Prithiviraj for R.2
ORDER
Heard the learned counsel appearing for the writ petitioner, the learned Special Government Pleader appearing for the first respondent and the learned counsel for the workman (actually woman).
W.P(MD)No.1144 of 2022
cases, the primary question that has to be seen is whether the post in which permanent status is sought is a sanctioned one or not. If there are sanctioned posts and there are also vacancies, then alone order in favour of the applicant can be granted and not otherwise. In the case on hand, it is not in dispute that there are sanctioned posts and that by accommodating the applicant / second respondent herein, the cadre strength will not be breached. In this view of the matter, no interference is called for.
3/5
W.P(MD)No.1144 of 2022
cases. If it is possible, the department can also get itself impleaded in the pending cases. With this direction, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.
17.11.2022
Index : Yes / No Internet : Yes/ No mga
Note: Registry is directed to mark a copy of this order to Registrar of Co-operative Society, Kilpauk, Chennai and to the Commissioner of Labour, Chennai.
To
The Assistant Commissioner of Labour (Excise), Viruthunagar.
W.P(MD)No.1144 of 2022
G.R.SWAMINATHAN, J.
mga
W.P(MD)No.1144 of 2022 and W.M.P(MD)No.961 of 2022
17.11.2022
5/5
2 issues framed by the court
Whether the order conferring permanent status on the workman is maintainable given the existence of sanctioned posts.
Whether the Deputy Registrar must be made a party in writ petitions involving conferment of permanent status against Co-operative Societies.
2 provisions across 2 enactments
The Management, SP.SPL.134, Matthinayakkanpatti, Primary Agricultural Co-operative Bank Limited
The Authority under Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981 and its Rules
The Assistant Commissioner of Labour (Excise), Viruthunagar
S.Parameswari
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
