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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
B.PUGALENDHI
Muthulakshmi K. – Appellant
Versus
Assistant Commissioner Of Labour Authority Under Tamil Nadu Industrial Establishment – Respondent
| Table of Content |
|---|
| 1. dispute over permanent status orders and collateral writ petitions. (Para 1 , 2 , 3 , 4 , 5 , 6) |
| 2. employees argue lawful appointments despite bypassing recruitment rules. (Para 7 , 8 , 9 , 10) |
| 3. backdoor entry invalidates permanent status claims; procedural compliance mandatory. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 4. autonomy does not excuse bypassing statutory recruitment procedures. (Para 20 , 21 , 22 , 23) |
| 5. fraud and collusion in appointments endanger co-operative institutions. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 6. orders of acl set aside; employees’ petitions dismissed. (Para 32) |
ORDER :
B. PUGALENDHI, J.
1.All these writ petitions are arising out of the orders dated 27.01.2021 passed by the 1st respondent / the Assistant commissioner of Labour (Enforcement), Dindigul / the Authority under the Tamil Nadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act, 1981, granting permanent status to the employees of the co-operative societies / writ petitioners in WP(MD)Nos.8192, 8201, 8209 and 8213 of 2021 (hereafter referred to as “employees”).
2.The employees, who were engaged by different co-operative societies have approac
The main legal point established in the judgment is that the Permanent Status Act and the Industrial Disputes Act are not applicable to appointments made in an illegal manner, and adherence to cadre ....
The provisions for a common cadre in the Tamil Nadu Cooperative Societies Act do not violate constitutional autonomy, as reasonable State regulation is permissible for effective governance.
The appellate authority under the Tamil Nadu Shops and Establishments Act has jurisdiction to entertain appeals from employees of co-operative societies governed by the Tamil Nadu Co-operative Societ....
Employees of cooperative societies cannot be classified as Railway servants, as they operate under the cooperative law without Railway administrative control, thus not entitled to benefits reserved f....
The test laid down in Marappan's case continues to govern the maintainability of writ petitions against Co-operative Societies.
Special Co-operative Societies Act prevails over general Shops Act; appeal under Shops Act Section 41 not maintainable for co-operative bank employees.
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