THE JOINT REGISTRAR/MANAGING DIRECTOR, RAMANATHAPURAM DISTRICT CENTRAL CO-OPERATIVE BANK LTD. Vs. U. DHANASEKARAN AND ORS.

JUDGEMENT

(1.) CHALLENGE in this appeal, by the Joint Registrar/Managing Director, Ramanathapuram District Central Co -operative Bank Ltd., Ramanathapuram, is to an order, made in W.P. No. 17930 of 2014 dated 10.11.2014, by which, a learned single Judge, has dismissed the writ petition, filed by the appellant, for a Writ of Certiorari, to quash the order, passed by the Inspector of Labour, Authority under the Tamilnadu Industrial Establishment (Conferment of Permanent Status to Workmen) Act 1981, (hereinafter referred to as, 'the Act') Ramanathapuram, vide proceedings in Roc. No. 2031/2013, dated 31.07.2014.

(2.) MATERIAL on record discloses that the 1st respondent has filed a petition under Section 6(4) of the Act, before the Inspector of Labour, Authority under the Act, (hereinafter referred to as "competent authority") stating that he has been in continuous service, for more than 480 days, for a period of 24 calendar months from 04.09.1999, till the date of application dated 27.12.2000.

(3.) APPELLANT , while objecting to the prayer sought for, has submitted that the 1st respondent was not appointed by the Management, as a regular employee, and that he was paid only a commission, on the basis of certain terms and conditions. He has also submitted that the 1st respondent cannot be appointed, without adhering to rule 149 of the Tamil Nadu Co -operative Societies Rules and Special Bye -law of the Bank, for the reason that when rule 149 mandates calling for an eligible candidate, from the employment exchange, conferment of permanent status, cannot be made. Contention has also been made, that rule 149 contemplates adherence to cadre strength.