Exhaustion of statutory remedy before approaching the High Court under Article 226 of the Constitution of India.

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the order passed by the respondent in Na.Ka.No.736/2013/ Pa.Tho. Dated 24.11.2013 and quash the same thereby directing the respondent to sanction additional change allowance writ interest to the petitioner.)

1. The relief sought for in the present writ petition is to call for the records relating to the order passed by the respondent in Na.Ka.No.736/2013/ Pa.Tho. dated 24.11.2013 and quash the same thereby directing the respondent to sanction additional change allowance writ interest to the petitioner.

2. The petitioner is a retired Electrical Operator of Pamani Fertilizers, Mannargudi, Thiruvarur District and the respondent Tamil Nadu Co-operative Marketing Federation is a Society registered under the provisions of the Tamil Nadu Co-operative Societies Act. The petitioner retired on 31.07.2013 and he states that he served in two Additional Charges for 13 months and the Additional charge allowance as applicable has not been paid.

3. In this regard, the petitioner has to approach the Revisional authority under Section 153 of the Tamil Nadu Co-operative Societies Act. In respect of the Co-operative Societies registered under the Act, the aggrieved employees are bound to exhaust the Statutory remedy contemplated, in view of the principles laid down by the Larger Bench of the High Court of Madras in the case of K.Marappan v. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal and another, reported in (2006 (4) CTC 689.

4. When an efficacious alternate remedy is contemplated under the Special Act, the said remedy is to be exhausted for the purpose of resolving the disputed issues. An adjudication of disputed issues are of paramount importance with reference to the original documents and evidences. Such a roving enquiry cannot be conducted by the High Court in a writ proceedings under Article 226 of the Constitution of India. Thus, in all circumstances, the aggrieved persons are expected to exhaust the alternate remedy contemplated under the Statutes and Rules in force and thereafter, approach the High Court. In the event of findings by the Appellate Authority or Revisional Authority, the High Court would be in a position to exercise the power of judicial review in an effective manner.

5. This being the principles to be followed, the petitioner is at liberty to approach the competent Forum for the purpose of redressal of his grievances in the manner known to law.

6. In the event of any such approach before the competent Forum, such Forum shall take into consideration the period, during which, the writ petition was pending before the High Court for the purpose of condoning the delay and decide the issues on merits and in accordance with law as expeditiously as possible.

7. With these observations, the writ petition stands disposed of. No costs.