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1998 Supreme(Mad) 1265

S.S.SUBRAMANI
S. Jina Chandran – Appellant
Versus
The Registrar of Co-operative Societies, Madras – Respondent


Advocates Appeared:
For the Petitioners:K.V. Ananthakrishnan & B. Muthukumar, Advocates.
For the Respondents: M.K. Hidhayathuallah, Additional Government Pleader.

Judgment

1. In all these writ petitions, the question that arises for consideration is, whether the respondents are entitled to take action against the Society or the Board of Directors to nullify the settlement deeds arrived at by them with the Banks.

2. In all these cases, petitioners contend that whenever the employees make a payment taking into consideration the best interest of the society, and also taking into consideration the financial position, a settlement was arrived at under Sec.12(3) of the Industrial Disputes Act. After settlement is arrived at, a resolution is also passed by the Board of Management to implement the settlement. When such resolutions are passed and wages are paid on the basis of the settlement, respondents are issuing proceedings with an intention to nullify the effect of the settlement either by passing any order that they intend to invoke the proceedings under Sec.80 of the Tamil Nadu Co-operative Societies Act, 1983 or the extra amount paid to the employees is returned to the members in management, or initiate proceedings under Sec.153 of the Act. According to petitioners, respondents have no jurisdiction to initiate such proceedings when it is a law






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