2025 Supreme(Online)(Mad) 37758
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice M.DHANDAPANI
V.RAMADOSS – Appellant
Versus
THE PRESIDING OFFICER – Respondent
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 19-03-2025 CORAM THE HONOURABLE MR JUSTICE M.DHANDAPANI WP No. 236 of 2003 AND WP NO. 878 OF 2003,WP NO. 237 OF 2003 W.P.No.236 of 2003:
1. V.Ramadoss ...Petitioner(s)
Vs
1. The Presiding Officer Labour Court , Vellore.
2.The Management, North Arcot District, Co.Op Milk Producers Society, 1325, (aavin) arcot Road, Sathuvachari, Vellore.
...Respondents WP No. 878 of 2003
1. 1. V. Ramadoss
2. G.Chinnaraj ...Petitioner(s)
Vs
1. The State Of Tamilnadu, Rep.
Secretary To Govt., Food, Coop. And Consumer Protection Dept. Secretariat, Chennai - 9.
2.The Management, North Arcot District, Coop. Milk Producers Society, (1325 Aavin)arcot Road, Sathuvachari, Vellore.
...Respondent(s)
WP No. 237 of 2003
1. G. Cinnaraju ....Petitioner(s)
Vs
1. The Presiding Officer Labour Court, Vellore.
2.The Management, North Arcot District, Co.Op Milk Producers Society
1325, (aavin) Arcot Road, Sathuvachari, Vellore Respondent(s)
WP No. 236 of 2003 Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to issue order direction or writ order in the nature of appropriate writ of CERTIORARIFIED MANDAMUS calling for the entire records connected with impugned common award in I.D.No.249 of 1996, dated 11.10.2001 passed by the 1st respondent Labour Court and quash the same and direct the 2nd respondent to reinstate the petitioner in service with backwages continuity of service and all other attendant benefits and pass such further or other order.
Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to issue a writ of Declaration that the Rule 149(7) of T.N. Coop. Societies Rules 1988 that No person who is nearrelation as specified in rule 63 of a member of the board of a paid offer of a society shall be appointed to any post in the service of the society. If a doubt arises as to whether a person is or is not a near relation of a member of the board or of a paid officer the board shall refer it to the Register for decision is unconstitutional and violative of Article 14 of the constitution of India in so far as the petitioners are concerned.
WP No. 237 of 2003 Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus, to issue order direction or writ order in the nature of appropriate writ of CERTIORARIFIED MANDAMUS calling for the entire records connected with impugned common award in I.D.No.250 of 1996 dated 11.10.2001 passed by the 1strespondent Labour Court and quash the same and direct the 2nd respondent to reinstate the petitioner in service with backwages continuity of service and all other attendant benefits and pass such further or other order.
For Petitioner(s): M/S.S.N.RAVICHANDRAN For Respondent(s): R1- LABOUR COURT MR.P.NARAYANANMOORTHY R2
COMMON ORDER
The issue involved in all the writ petitions are one and the same. Hence, the same are disposed by way of this common order.
2. W.P.No.878 of 2003 has been filed by the individual petitioners above seeking for a declaration to declare Rule 149(7) of T.N. Coop. Societies Rules 1988 that No person who is near relation as specified in Rule 63 of a member of the board of a paid offer of a society shall be appointed to any post in the service of the society. If a doubt arises as to whether a person is or is not a near relation of a member of the board or of a paid officer the board shall refer it to the Register for decision is unconstitutional and violative of Article 14 of the constitution of India in so far as the petitioners are concerned.
3. W.P.Nos.236 & 237 of 2003 have been filed by the petitioners aggrieved at the award passed by the Labour Court confirming the order of dismissal passed against them by the second respondent herein.
4. The short facts that are necessary for disposal of these writ petitions are as follows:
The petitioners were initially employed in the second responde