K DURAIRAJ Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) Heard the learned counsels appearing for the parties. The facts giving rise to the present writ petition are as follows :- Petitioners were employed under the Kanyakumari District Central Co-operative Bank. Due to want of vacancy at the relevant time, they were removed from service before 1980. Subsequently when fresh vacancies arose, they were given fresh appointment, obviously following the principles laid down in Section 25H of the Industrial Disputes Act. Thereafter the first respondent, namely the Registrar of Co-operative Societies had issued a direction to the third respondent to remove the petitioners from service and pursuant to such direction, third respondent has removed the petitioners from service. The orders passed by the respondents 1 & 3 are being challenged by the petitioners in this writ petition. By virtue of stay order passed by the High Court, the petitioners re still continuing in service.

(2.) Learned counsel appearing for the petitioners has submitted that when the petitioners were re-employed under Section 25H of the Industrial Disputes Act, there was no justification for the first respondent to give direction to remove the petitioner from service.

(3.) In the counter affidavit filed on behalf of the respondents 1 & 2 it has been contended that the names of the petitioners have not been sponsored by the employment exchange and therefore, the directions have been issued for removing the petitioners from service.