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IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.DHANDAPANI
Korattur Milk Consumers Co-operative Society, Rep by its President – Appellant
Versus
Joint Commissioner of Labour (Minimum Wages), Chennai-6 – Respondent
COMMON ORDER :
M. DHANDAPANI, J.
These writ petitions are filed challenging the respective orders passed by the 1st respondent, in T.N.S.E. II/01/2016 and T.N.S.E. II/03/2016, whereby the 1st respondent directed reinstatement of the respective private respondents with full back wages and attendant benefits.
2. Brief facts :-
a) The petitioner is the Administrator of MD-520, Korattur Milk Consumers Co-operative Society, Chennai, a society registered under the provisions of the Tamil Nadu Co-operative Societies Act and Rules. Upon expiry of the tenure of the elected Board, the petitioner was appointed as Administrator to manage the affairs of the Society.
b) The 2nd respondent in W.P. No.19119 of 2024, Tmt. M. Anandha, was employed as an Assistant in the petitioner Society. During the course of her employment, serious financial irregularities came to light. It was found that she had failed to deposit the milk card sale collections amounting to Rs.25,301/- into the bank and had misappropriated the said amount. Further, she had unauthorisedly paid a sum of Rs.63,927/- to one Thiru S. Sekar, Depot Keeper, without any valid reason or supporting vouchers, thereby causing financial loss to the
The petitioner must exhaust further remedies under the Tamil Nadu Co-operative Societies Act, including facing the pending criminal case and approaching the Reviewing Authority under Section 154 for ....
The financial viability of a Co-operative Society and the applicability of the Minimum Wages Act to such societies were central to the judgment.
The court confirmed the validity of termination due to substantiated charges of misconduct and financial irregularity, emphasizing integrity in public service.
Special Co-operative Societies Act and bye-laws exclude Shops Act jurisdiction for employee disciplinary appeals in co-operative banks.
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act Section 41 not maintainable for co-operative bank employees.
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act not maintainable for co-operative bank employees.
The Tamil Nadu Shops and Establishments Act is not applicable to cooperative bank employees governed by the Tamil Nadu Cooperative Societies Act, establishing the primacy of special laws over general....
The standard of proof required under the Co-operative Societies Act is distinct and different from that required under Criminal Law, and preponderance of probabilities suffices for punishment under t....
The dismissal from employment based on proven misappropriation and habitual misconduct is justified under the Tamil Nadu Co-operative Societies Act.
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