O R D E R

The cancellation of permanent absorption of the writ petitioner as Jewel Appraiser, is under challenge in the present writ petition.

2. The petitioner states that he was appointed as jewel appraiser, in the second respondent society, initially on consolidated pay basis. He filed a petition before the Inspector of Labour under Section 3 of the Conferment of Permanent Status Act and the Labour Inspector, Erode, allowed the petition, since the petitioner completed 480 days of service. Based on the order of Inspector of Labour, under the provisions of the Conferment of Permanent Status Act, the Board of the second respondent society passed a resolution and consequently, the petitioner was permanently absorbed as jewel appraiser in the society. Subsequently, without any show cause notice and opportunity to the writ petitioner, the impugned order dated 16.08.2018 has been issued, canceling the permanent absorption made, pursuant to the orders passed by the Inspector of Labour, under the provisions of Conferment of Permanent Status Act. Thus, the petitioner is constrained to move the present writ petition.

3. The learned counsel for the petitioner states that the impugned order of cancellation of permanent absorption was issued without any show cause notice and opportunity to the petitioner and thus the impugned order is in violation of the principles of natural justice.

4. That apart, the petitioner is fully qualified as per the by-laws of the second respondent society and there is no impediment for the authorities to absorb him in permanent post of jewel appraiser.

5. The learned counsel appearing on behalf of the respondents objected the said contention by stating that the petitioner was not appointed in accordance with the provisions of the Tamil Nadu Cooperative Societies Act and Rules. He was appointed without reference to the District Employment Exchange and thus the initial appointment of the writ petitioner was irregular and thus, he is not entitled for the permanent absorption.

6. The issue to be considered is whether the order passed by the Inspector of Labour can be the basis for permanent absorption of the petitioner as jewel appraiser in the second respondent society.

7. The Tamil Nadu Cooperative Societies Act, is a Special Act governing the service conditions of its employees. Rule 149 of the Tamil Nadu Societies Rules contemplates procedures to be followed for appointment of employees in a cooperative societies and based on the Rules, Special by-laws are approved in Cooperative societies and such approval are accorded by the competent authorities of the Cooperative Department under the Act. Thus, the Special Law governing the recruitment and service conditions would prevail and the general law cannot be applied in the cases of the employees of the cooperative societies. When the Special Rules governing the service conditions are available under the Tamil Nadu Cooperative Societies Act, Rules and the by-laws, the petition filed before the Inspector of Labour under the provisions of Conferment of Permanent Status Act is not entertainable.

8. That apart, even in case, an order has been passed by the Inspector of Labour, the same cannot be implemented without adjudicating the issues on merits before the competent forum. The principles in this regard are settled by the Courts. When the Inspector of Labour without adjudication, passing an order granting permanent status, such orders cannot be implemented strictly for providing the benefit of permanent status to an employee and such orders must be further adjudicated before the competent forum to establish that particular employee is entitled for permanent absorption in accordance with the statute and Rules in force. Thus, the award of the Inspector of Labour cannot be the basis for granting permanent absorption and the Board has committed an error in permanently absorbing the writ petitioner.

9. That apart, the issue regarding the irregular appointment in cooperative soc