Arumozhi vs The Joint Registrar of Co-operative Societies, Thanjavur and Others

Honourable Mr. Justice K. Chandru

The first petitioner is working as salesman in the Thanjavur Agricultural Producer Co-operative Marketing Society Ltd., Thanjavur. The second petitioner is working as clerk in the Thanjavur District Educational Employee''s Co-operative Thrift and Credit Society, Thanjavur and third petitioner is working as salesman in the Thanjavur Agricultural Producer Co-operative Marketing Society Ltd., Thanjavur.

In the first writ petition, the prayer of the petitioner was that the fourth respondent co-operative society (wrongly shows as fifth respondent) to absorb by treating him as surplus employee of the third respondent society namely, Enam Arulmozhipettai tenant Co-operative Farming Society Ltd., Thanjavur which has in liquidation (as per the circular issued by the joint Registrar of co-operative societies dated 14.12.2009)

The second writ petition which is for a direction directing the Registrar of Co-operative Societies to fix time scale of pay in the light of the circular dated 21.08.2008 issued by him.

In the third writ petition, the prayer is to challenge the order dated 15.05.2009 wherein and by which the petitioner in the writ petition as well as W.P.(MD)No.9562 of 2010 were relieved from the services and were directed to hand over their charges to the persons notified in the circular. In that order, the petitioner in W.P.(MD)Nos.9562 and 9564 of 2010 were informed that the circle Deputy Registrar, Thanjavur had given advice that the petitioners were joined irregularly and therefore, they should be removed from service. Though this order order dated, 15.05.2009, it is challenged only in W.P.(MD)No.9564 of 2010.

Since the issue involved in the three writ petitions is common, they were brought together and a common order is passed. When the matter came up on 26.07.2010, this Court ordered notice to the respondents. On notice from this Court, in the first writ petition, a counter affidavit has been filed by the Deputy Registrar, Co-operative Societies, Thanjavur, namely, the second respondent. The first respondent Joint Registrar have also filed counter affidavit dated 09.08.2011. Likewise, in W.P.(MD)No.9563 of 2010, a counter affidavit has been filed by the 5th respondent, the Special Officer, TWAD Employees Co-operative Thrift and Credit Society, Thanjavur. In the third writ petition, the second and third respondents have also filed similar to the counter affidavit the one which is filed in W.P.(MD)No.9562 of 2010.

Taking the second writ petition, the first contention raised by the fifth respondent was that the petitioner name did not find place in the attendance register of the establishment and the special officer had not appointed him in any post. His services are terminated as early as on 28.07.2005 and during the period from 1996 to 2001 he had worked only for 166 days. The petitioner having served as casual labour in tow other establishments and in the absence of any rule get himself absorbed in the present society without there being any legal right. Further, the maintainability of the writ petition itself was raised by relying upon a judgment of the Larger Bench of this Court in K. Marappan Vs. The Deputy Registrar of Co-operative Societies and The Special Officer, Vattur Co-operative Agricultural Bank, . It was further stated that the petitioner is not in service with effect from 29.09.2010.

In the first and third writ petitions, the stand of the Joint Registrar was that there is no provision under which the petitioners appointment could be regularised. The G.O.Ms.No.86 Co-operation, Food and Protection Department, dated 12.03.2001, do not help the case of the petitioners. Even for making such appointment, the petitioners will have to come within the cadre strength fixed by the departmental authorities under the Rule 149(2) of the Tamil Nadu Co-operative Societies Rules. Therefore, the reliance placed upon by the petitioners has no relevance to the case on hand.

The petitioners having been retrenched employees of liquidated society without there being any Rule under which, they can be absorbed in any co-operative society, they have not made out a case for entertaining these writ petitions.

The second respondent Deputy Registrar, Thanjavur, had more or less filed identical counter affidavits wherein it is stated that the petitioner was casual labour on daily wages with the society which has gone into liquidation.

Further, these writ petitions are not maintainable in the light of the Larger Bench decision of this Court in K. Marappan Vs. The Deputy Registrar of Co-operative Societies and The Special Officer, Vattur Co-operative Agricultural Bank, .

Subsequently, the issue similar to the writ petitions were entertained on the basis that the State had provided employment guaranteed for such retrenched employees, the matter was taken before the Full Bench in R. Radhakrishnan Vs. Deputy Registrar of Co-operative Society, Dindigul reported in 2007 4 LLN 68 and the same was negatived.

In the light of the same, the writ petitions are dismissed. No costs. Consequently, connected miscellaneous petition is closed.