Marthandam Bee Keepers Co-Operative Society Ltd. ,No. 2050 v. Inspector of Labour

Madras HC25 Oct 2025WP(MD)/19982/2021

Case brief

AI extract

What is this about?

Permanent status; Inspector of Labour; jurisdiction; co-operative society employees; Section 3 Tamil Nadu Industrial Establishment (Conferment of Permanent Status) Act 1981; Section 74 Tamil Nadu Co-operative Societies Act 1983; Rule 149 Tamil Nadu Cooperative Societies Rules 1988; GO.(Ms)No.44 dated 11.03.2015; G.O. Ms. No. 86; G.O. Ms. No. 212; L.Justine; A.Umarani (2004) 7 SCC 112; Ashwini Kumar; regularisation of illegal appointments; cadre strength; special bye-law; certiorari; WP.(MD)No.19982 of 2021; Kanyakumari; Packer; order set aside.

What did the court decide?

Impugned order dated 19.10.2020 passed by the first respondent set aside; writ petition allowed with no costs. ¶161

Marthandam Bee Keepers Co-Operative Society Ltd. ,No… — Consumer Protection | Madras HC (2025)

What the court decided

AI extract

Outcome

Impugned order dated 19.10.2020 passed by the first respondent set aside; writ petition allowed with no costs.

¶161

Issue for consideration

Whether the first respondent (Inspector of Labour) had jurisdiction to entertain and decide an application for permanent status under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status) Act, 1981 in respect of an employee of a co-operative society. +1 more

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Court's answer

The Inspector of Labour (first respondent) had no jurisdiction to entertain or grant permanent status under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status) Act, 1981 to an employee of a co-operative society, since the jurisdictional question has already been decided by the Division Bench of this Court and service conditions of co-operative society employees are governed by the Tamil Nadu Co-operative Societies Act, the Rules and approved special bye-laws.

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Ratio / Principle

The second respondent, having entered the petitioner Society in 2011, is not entitled to the relief granted by the Authority under the 1981 Act; accordingly the impugned order dated 19.10.2020 is set aside and the writ petition is allowed with no costs.

¶161

Detailed headnote1 paragraphs

Madras High Court (Madurai Bench) (B. Pugalendhi, J.) allowed a writ petition by Marthandam Bee Keeper’s Co-operative Society Ltd. quashing the order of the Inspector of Labour (Na.Ka.1534 of 2015, dated 19.10.2020) directing conferment of permanent status on the second respondent (who joined in 2011) as Packer with effect from 03.01.2013 under Section 3 of the Tamil Nadu Industrial Establishment (Conferment of Permanent Status) Act, 1981. Relying on the Division Bench decision in W.A.No.1082 of 2014 (dated 20.03.2024), the Full Bench decision in L.Justine v. Registrar of Cooperative Societies, and the Supreme Court’s confirmation thereof in A.Umarani v. Registrar of Cooperative Societies, (2004) 7 SCC 112, the Court held that the Inspector of Labour has no jurisdiction to confer permanent status on employees of co-operative societies whose service conditions are regulated by the Tamil Nadu Co-operative Societies Act, 1983, Rule 149 of the 1988 Rules and approved special bye-laws, and that appointments made illegally (beyond sanctioned cadre strength or without prescribed qualifications) cannot be regularised under the 1981 Permanency Act or the Industrial Disputes Act, 1947. Impugned order set aside; writ petition allowed; no costs.

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WP.(MD)No.19982 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 13.11.2025

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CORAM :

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THE HON`BLE MR.JUSTICE B.PUGALENDHI

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WP.(MD)No.19982 of 2021

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Marthandam Bee Keeper’s Co-operative Society Ltd., No.2050, rep. by its President, Marthandam-Post, Nalloor Village, Vilavancode Taluk, Kanyakumari District. ... Petitioner

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Vs.

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1.Inspector of Labour, Combined Labour Offices Building, Opp.to All India Radio Station, Konam, Nagercoil, Kanyakumari District. 2.Shine

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3.Assistant Director, Kathar Grama Tholikal, Collector Office Campus, Nagercoil, Kanyakumari District. ... Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, to call for the records pertaining tot he impugned order passed by the first

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