C OMMON O RDER

These writ petitions have been filed challenging the order passed by the 3rd respondent and thereby cancelling their appointment to their respective posts.

2. All the petitioners were appointed in various posts by General Manager, District Milk Producers Union Limited. All the writ petitioners were resigned out of Tirupur District Co-operative Milk Producers Union Limited and Namakkal District Co-operative Milk Producers Union Limited. All the petitioners appointed in various posts in both the District Co- operative Milk Producers Union Limited. They were appointed through direct recruitment and had joined in the respective services. The first respondent is a Head of the Diary Development Department, the Government department functioning at the administration control of Animal Husbandry, Dairying Fisheries and Fishermen Welfare Department in the secretariat and it is also exercising powers of the Registrar of Co-operative Societies as per the provisions of Tamil Nadu Co-operative Societies Act and Rules in the capacity of the functional Registrar in respect of Milk Co- operative Societies in the State of TamilNadu as per Section 3 of Tamil Nadu Co-operative Societies Act 1983. The President of the Board of Directors duly elected to the Board of District Co-operative Milk Producers Union, which is registered as a Central Scheduled Co-operative Society functioning at District level wherein the Primary Milk Producers Co-operative Societies functioning at village level in the area of operation for the purpose. The General Manager is the Chief Executive Officer of the District Co-operative Milk Producers Union. These are functioning within the frame work of TamilNadu Societies Act, 1983 and Tamil Nadu Co-operative Societies Rules, 1988 and by-laws. In the State of Tamil Nadu with the formation of the State level Federation during the year 1981, the Co-operative Dairy sector have become three tier system with Primary Milk Co-operative Societies at village level, Milk Union at district level and Tamil Nadu Co- operative Milk Producers' Federation and apex organization at the state level. The District Co-operative Milk Producers Union limited is one such district level Central Co-operative Society and it is governed by the provisions of Tamilnadu Co-operative Societies Act and Tamil Nadu Co-operative Societies Rules. The service conditions of the Co-operative Societies are stipulated in Rule 149 of Tamil Nadu Co-operative Societies Rules 1988. Accordingly, each society shall take into account its nature of business, volume of transaction and financial position, adopt, with the prior approval of the Registrar a special by-law covering the service conditions of its employees. The special by-law shall, inter-alia prescribe the following:

''a. Cadre strength and classification of various categories of posts and the qualifications b. Provided also that the co-operative training at the appropriate level may be prescribed as a necessary qualification for specific categories of non-technical posts.

(2) No appointment by direct recruitment to any post shall be made except by calling for a list of eligible candidates from the Employment Exchange and also giving due publicity by means of announcement in the notice board of the Society and also of the affiliated Societies, inviting application from the eligible employees of such societies. Where the Employment Exchange issues a non-availability certificate, the society shall invite applications by giving advertisement in more than one daily newspaper in which one should be in regional language having wide circulation throughout the State.''

3. The Special By-laws of District Co-operative Milk Producers Unions were duly approved by the Commissioner of Milk Production and Dairy Development and registered by the Deputy Registrar (Dairying) concerned were came into effect from 01.04.2013. During the judgment of the Hon'ble Division Bench of this Court in W.A.No.1027 of 2013 dated 09.06.2