SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2004 Supreme(SC) 752

S.B.SINHA, N.S.HEGDE, A.K.MATHUR
A. Umarani – Appellant
Versus
Registrar Co-operative Societies – Respondent


Judgement Key Points

Based on the provided legal document, here are the key points regarding the regularization of appointments in cooperative societies in Tamil Nadu:

1. Illegality of Appointments Violating Mandatory Statutes - An appointment made in violation of mandatory provisions of the Statute, particularly by ignoring minimum educational qualifications and other essential qualifications, is wholly illegal. - Such illegality cannot be cured by taking recourse to regularization. The court held that "those who come by backdoor should go through that door." (!) (!)

2. Regularization is Not a Mode of Recruitment - Regularization is not and cannot be a mode of recruitment by any "State" within the meaning of Article 12 of the Constitution of India, or by any body governed by a Statutory Act. - Regularization cannot give permanence to an employee whose services are ad-hoc in nature. (!) (!)

3. Invalidity of State Government Orders (G.O.Ms. No. 86) - The State Government lacked the requisite authority under Sections 170 and 182 of the Tamil Nadu Cooperative Societies Act, 1983, to issue orders directing the regularization of services of employees of cooperative societies. - Consequently, G.O.Ms. No. 86 dated 12.3.2001, which sought to regularize appointments made after 8.7.1980, is a nullity. (!) (!) (!)

4. Applicability of Industrial Establishments Act - Cooperative Societies are not necessarily "Commercial Establishments" under the Tamil Nadu Shops and Establishments Act, 1947. - The State failed to declare them as such in the impugned order, rendering the application of the Tamil Nadu Industrial Establishments (Conferment of Permanent Status to Workmen) Act, 1981, improper. (!) (!)

5. Violation of Recruitment Rules - A large number of employees were appointed without notifying vacancies to Employment Exchanges, without following mandatory provisions, without requisite educational qualifications, and without adhering to the reservation policy. - Recruitments were made beyond the permissible cadre strength. (!) (!) (!) (!)

6. State's Lack of Control and Financial Burden - The State has no administrative control over the day-to-day affairs of cooperative societies (except nodal center functions), did not create the posts, and did not bear the financial burden. - Therefore, it was impermissible for the State to direct regularization of these employees, regardless of the length of their service. (!)

7. Rejection of Compassionate Grounds - Even appointments made on compassionate grounds (e.g., due to desertion) were found to be illegal as there was no scheme in terms whereof deserted women could be appointed on compassionate grounds. - Sympathy cannot be a ground for passing orders contravening statutory provisions. (!) (!) (!)

8. Precedents on Backdoor Recruitment - The court cited numerous precedents (e.g., State of H.P. Vs. Suresh Kumar Verma, State of U.P. Vs. U.P. State Law Officers Association, Ashwani Kumar) establishing that backdoor direct recruitments cannot be permitted and cannot be regularized. (!) (!) (!) (!)


JUDGMENT

S.B. Sinha, J.-Leave granted in S.L.P. (C) No. 1096 of 2004.

2. These appeals are directed against a judgment and order dated 24.10.2002 passed by a Division Bench of the High Court of the Judicature at Madras whereby and whereunder several writ appeals filed by the Appellants herein and writ petitions filed by the Private Respondents were disposed of.

3. The basic fact of the matter is not in dispute.

Cooperative Societies and Land Development Banks constituted and registered in the State of Tamil Nadu used to be governed under Tamil Nadu Cooperative Societies Act, 1961 (for short "the 1961 Act") and the Tamil Nadu Land Development Banks, Act, 1934. The State framed rules under the 1961 Act known as Madras Cooperative Societies Rules, 1963.

4. The 1961 Act and 1934 Act were repealed and replaced by Tamil Nadu Cooperative Societies Act, 1983 (for short "the 1983 Act"). Pursuant to or in furtherance of the powers conferred thereunder, the State framed rules known as the Tamil Nadu Cooperative Societies Rules, 1988 (for short "the 1988 Rules"). The 1983 Act and the 1988 Rules came into force with effect from 13.4.1988.

5. It is not in dispute that a large number of employees, i.e.











































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top