P PAULPANDIAN Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) By proceedings dated 20.7.2002, the second respondent proposed to cancel the settlement entered into between the employees of the second respondent/Society and the Board of Management of the second respondent/Society on 10.8.1999 under Section 18(1) of the Industrial Disputes Act, 1947. Aggrieved by the proceedings dated 20.7.2002 of the second respondent, the petitioner has preferred the above writ petition for issue of a writ of Certiorarified Mandamus to call for the records relating to the impugned order dated 20.7.2002 issued by the second respondent, quash the same and consequently forbear the respondents and their men, agents and subordinates from interfering with the implementation of settlement arrived at under Section 18(1) of the Industrial Disputes Act, dated 10.8.1999 entered into between the petitioner and the Board of Management of the 2nd respondent Society and his service conditions, contending that the respondents are not competent authority either to interfere with the right of the employees and the Board of Management to enter into the settlement under Section 18(1) of the Industrial Disputes Act or to cancel the same, as the said settlement entered under Section 18(1) of the Industrial Disputes Act is valid and acted upon.

(2.) It is not in dispute that the second respondent/Society is registered under the provisions of the Tamil Nadu Co-operative Societies Act, 1983. Rule 149 of the Tamil Nadu Co-operative Societies Rules, 1988 enables every Co-operative Society to frame special bye-laws with the approval of the Registrar of Co-operative Societies, prescribing the conditions of service of paid officers and servants of Societies on the following matters: i.Cadre strength and classification of various categories of posts and the qualifications required thereof for each such posts. ii.The method of recruitment for each such posts. iii.The scale of pay and allowances for each such posts. iv.Conditions of probation for each such posts. v.Duties and responsibilities for each such posts. vi.Leave of various kinds admissible and, the conditions thereto for each such posts. vii.The penalties that may be imposed upon, the procedure for taking disciplinary action and inflicting various kinds of punishments on an employee holding each such post and the authority competent to entertain and dispose of appeal made against an order of punishment imposed by the competent authority on a disciplinary proceedings. viii.Conditions relating to acquisition and disposal of movable and immovable property: Provided that a minimum period of three years of satisfactory service shall be prescribed for eligibility for promotion from one category to the immediate next higher category of post: Provided further that the Co-operative Training at the appropriate level may be prescribed as a necessary qualification for specific categories of non-technical posts.

(3.) Admittedly, as on date, no such special bye-law has been framed by the second respondent/Society or approved by the first respondent. Taking advantage of the situation, it appears the employees of the second respondent and the Board of Management of the second respondent/Society have entered into a settlement under Section 18(1) of the Industrial Disputes Act, 1947, but the same has been not been approved by the Registrar of Co-operative Societies, and the same is sought to be cancelled by the impugned proceedings.