W.P.No. 32779 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.10.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

W.P.No. 32779 of 2018

and

W.M.P.Nos.37993 & 37947 of 2018

T. Gobinath

... Petitioner

Vs.

1. The Joint Registrar of Cooperative Societies,

Erode Circle, Erode.

2. The Management of AA 526 Kinipalayam Primary

Agricultural Cooperative Credit Society,

Vijayamangalam Post,

Perundurai Taluk, Erode District.

... Respondents

Prayer: Writ Petition filed Under Article 226 of the Constitution of India for

issuance of a Writ of Certiorarified Mandamus, calling for the records relating

to the order of the second respondent in nil proceedings dated 16.08.2018 and

the order of the first respondent made in Na.Ka.No. 6299/2018/Sa.Pa. Dated

19.09.2018, to quash the same and to consequently direct the respondents to

forthwith implement the order of regularization by the second respondent

made with effect from 23.01.2014 with all attendant and service benefits

arising thereto.

For Petitioner

: Mr. L. Chandrakumar

For Respondents

: Mr. R.P. Murugan Raja

Government Advocate

for R1 and R2

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W.P.No. 32779 of 2018

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.

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W.P.No. 32779 of 2018

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.

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W.P.No. 32779 of 2018

7. The Tamil Nadu Cooperative Societies Act, is a Special Act

governing the service conditi