(1.) THE present writ petition has been filed jointly by twenty four Assistants seeking issuance of writ of certiorarified mandamus to quash the order passed by the Special Officer, Tuticorin District Central Co-operative Bank Ltd., Tuticorin, the third respondent herein in Rc.2248/2000/E dated 6.6.2003 with a direction to the third respondent to restore to the petitioners the pay of Rs.2775/- in the scale of Rs.1030 with effect from 1.6.99.
(2.) MR.Suramanianm, the learned counsel appearing for the petitioner submitted that the erstwhile Adhoc Committee in certain District Central Co-operative Banks recruited Junior Supervisors and Clerks from the year 1970 to 31.12.1977 and thus all these twenty four petitioners were recruited by the erstwhile Adhoc Committee of the Tirunelveli District Central Cooperative Bank. After some time , some of the personnel recruited by the erstwhile Adhoc Committee were deputed to the Primary Agricultural Cooperative Banks and some of them were also appointed in the District Central Cooperative Banks. In the meanwhile, the Adhoc Committees also came to be abolished in the year 1977. The said Adhoc employees who were deputed to Primary Agricultural Co-operative Banks were not treated as the employees of the respective District Central Co-operative Banks. Therefore, all those Adhoc employees who were working in the Primary Agricultural Co-operative Banks made a representation seeking for their absorption in the District Central Cooperative Banks and for fixation of pay on par with the juniors who were recruited along with them and originally appointed in the District Central Cooperative Banks. Accepting the request of the petitioners, the Government in their letter (Ms) No.72 Co-operation dated 5.2.85 ordered regularising their services retrospectively with effect from the date of their selection by the Adhoc Committee giving exemption to those adhoc employees from the provisions contained in G.O.(Ms) No.1138, Labour and Employment Department dated 25.9.78 for recruitment in the services of the District Central Co-operative Banks without reference to the employment exchange. Thereafter, the Government issued revised orders in G.O.(Ms) No.331 dated 5.12.1988 permitting the absorption of the adhoc employees subject to the condition that the appointment of these employees shall be treated as fresh appointments. Accordingly, the petitioners were appointed in the District Central Co-operative Bank, Tirunelveli. Subsequently, after the formation of Tuticorin District in the year 1994, the petitioners were absorbed in the Turicorin District Central Co-operative Bank.
(3.) IN response to the above arguments, Mr.Silambanan, the learned Senior Counsel appearing for the third respondent submitted that it is not known on what basis the Registrar in exercise of his power under Section 153 has passed the order directing to fix the scale of pay of the similarly placed adhoc employees on par with the juniormost adhoc employees working in the Tirunelveli District Central Co-operative Bank. The Registrar while passing the order under Section 153 has not properly mentioned whether one A.Thangavel Kulasekaran was an adhoc employee, if so whether he was juniormost employee in the Tirunelveli District Central Co-operative Bank. The learned Senior Counsel further submitted that the writ petition is not maintainable in view of the dictum laid down by this court in Marappan's case. Thus, the learned Senior Counsel sought for dismissal of the writ petition by giving liberty to the petitioners to approach the Registrar under Section 153 of the Act.