T NARAYANNAN Vs. REGISTRAR OF CO OP SOCIETIES

JUDGEMENT

(1.) THE present writ petition has been filed seeking issuance of a Writ of Mandamus, to direct the 3rd respondent/Musuri Co-operative Primary Agriculture & Rural Development Bank Ltd., to disburse the terminal benefits of the petitioner as per the last drawn pay scale and fix in accordance with the 12(3) settlement dated 13.04.1999 as per the Industrial Disputes Act, 1947.

(2.) THE petitioner/T.Narayannan, joined the service of the 3rd respondent Bank on 07.08.1968 as a Clerk. Subsequently, he was promoted as Secretary (in-charge) and after completing nearly 36 years of service in the said Bank, he retired from service on 30.06.2003. THE Board of Directors was elected by the members of the 3rd respondent Bank. During their tenure, the management reached a settlement under Section 12(3) of Industrial Disputes Act, by fixing the revised pay-scale to the employees of the Musuri Co-operative Primary Agriculture & Rural Development Bank Ltd.

(3.) IN reply, the learned Government Advocate appearing for respondents 1 & 2 submits that the petitioner, no doubt, was enjoying the benefit of pay scale on the basis of the 12(3) settlement reached on 13.04.1999. Though the 12(3) settlement reached the term of five years, after the expiry of the above said 12(3) settlement dated 25.10.1996, the then Board of the 3rd respondent Bank by its resolution dated 13.04.1999 allowed to enter fresh 12(3) settlement without the approval of the Government and enhanced the salary of employees. The Government issued a G.O.Ms.No.186, Co-operation, Food and Consumer Protection Department, dated 16.08.2000, for streamlining the pay anomaly among staff working in Co-operative Societies which will have the effect of binding upon both the employees working in the 3rd respondent's Bank as well as officials managing the 3rd respondent. Further, the petitioner joined as a Clerk in the 3rd respondent Bank. Later on, he was promoted as Secretary (in-charge) and finally, he retired from service on 30.06.2003. On 26.08.2003, the petitioner also on the basis of the said G.O.Ms.No.186, received all the terminal benefits amounting to Rs.3,77,519/- under the heads of surrender leave salary, gratuity and insurance salary scheme. Again, on 14.06.2004, the petitioner also received EPF (Employees Provident Fund) amount of Rs.2,33,893/-, without any protest/objection. While so, the petitioner has no right whatsoever to claim salary under 12(3) settlement, dated 13.04.1999 which is running contrary to G.O.Ms.No.186, Co-operation, Food and Consumer Protection Department, dated 16.08.2000 and also against the provisions of the Tamil Nadu Co-operative Societies Act, 1983 and on that basis he prayed for the dismissal of the present writ petition.