Dismissed employees of Co-operative Societies must exhaust the alternate remedy contemplated under the Special Act before approaching the High Court.

JUDGMENT :

(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records pertaining to the order dated 05.12.2014 of the 2nd respondent The Managing Director/Co-op Sub Registrar, The Udhagamandalam Co-op Urban Bank Ltd., 370, Main Bazar, Udhagamandalam, The Nilgiris-643 001 and quash the same.)

1. The order of dismissal passed by the Managing Director of the respondent/Co-operative Urban Bank in proceedings dated 05.12.2014 is under challenge in the present writ petition.

2. Admittedly, the order of dismissal was passed by the Management of Co-operative Urban Bank which is a registered Co-operative Society under the Tamil Nadu Co-operative Societies Act, 1983. A Co-operative institution not funded by the Government is not a “State” within the meaning of Article 12 of the Constitution of India.

3. That apart, an alternate remedy is contemplated under Section 153 of the Tamil Nadu Co-operative Societies Act.

4. The principles in this regard are settled 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). Following the same, the Hon'ble Division Bench of this Court also held that the dismissed employee of a Co-operative Society cannot directly file a writ petition in the High Court in the case of M.Thanikachalam Vs. Maduranthakam Agl.Producers' Coop.Marketing Society, reported in (2004)-CTC 556 (MDS).

5. 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.

6. 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.

7. 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.

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