IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D. MARIA CLETE
President, Co-operative Bank Employees Federation – TN – Appellant
Versus
Registrar of Cooperative Societies – Respondent
JUDGMENT
Heard.
2. The petitioner is a trade union representing employees of co-operative institutions and is affiliated with the Bank Employees Federation of India. In the present writ petition, the petitioner seeks to quash the circular dated 15.05.2020 issued by the 1st respondent, the Registrar of Co-operative Societies. The said circular, addressed to all Regional Deputy Registrars and the Additional Registrar, Chennai Region, stated that in view of the natural disaster caused by the COVID-19 pandemic and the extraordinary circumstances prevailing at that time, all co-operative societies were required to implement certain austerity measures. Specifically, the circular directed that, consequent to the enhancement of the retirement age from 58 to 59 years, the surrender of earned leave would be suspended for a period of one year. Further, it was also informed that the revision of dearness allowance for the period from 01.01.2020 to 30.06.2021 would be withheld, in line with the directions issued by the Government in G.O.Ms.No.51, Personnel and Administrative Reforms Department dated 07.05.2020, G.O.Ms.No.48, P&AR Department dated 27.04.2020, and G.O.Ms.No.232, Finance (Allowances)
The court emphasized that when effective statutory remedies exist, a writ petition under Article 226 is not maintainable, reinforcing the principle of exhaustion of remedies.
Admission and receipt of salary benefits during the period of non-attendance can impact the outcome of a revision petition challenging employment decisions.
The central legal point established in the judgment is the requirement to exhaust alternate remedies provided in the Haryana Cooperative Societies Act, 1984 and the Rules 1989 before invoking the con....
Claims under Section 33-C(2) of the Industrial Disputes Act must be based on pre-existing rights, and the tribunal's jurisdiction is affirmed in determining such claims.
The court upheld that claims for employment benefits cannot be pursued after long delays when there is suppression of material facts and ongoing recovery proceedings.
Jurisdictional error and misinterpretation of court orders by a delegated authority can lead to the quashing of their decisions.
The main legal point established in the judgment is that approved and registered by-law amendments create a pre-existing right for employees to claim benefits, and the delay in claiming monetary bene....
Industrial dispute - If the employer is an instrumentality of the State, as per Article 12 of the Constitution of India, then they are bound to conform fully to the rigour discipline of the mandate c....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.