MANAGEMENT ATHUR AGRICULTURAL PRODUCERS CO-OPERATIVE MARKETING SOCIETY LTD. Vs. GENERAL SECRETARY SALEM JILLA SUMAITHOOKUM

JUDGEMENT

(1.) Aggrieved by the award in and by which the workmen of the respondent were directed to be conferred permanent status with consequential direction for payment of all monetary and other benefits from the date of the raising of industrial dispute till the date of award, the present writ petition has been filed.

(2.) It is the case of the petitioner that the petitioner Society was formed in accordance with the provisions of the Tamil Nadu Co-operative Societies Act and that the petitioner distributes essential commodities to around 290 fair price shops. It is the further case of the petitioner that the petitioner, previously, was distributing the essential commodities through Kalasi workmen, who were available at the time of delivery and pay them wages for the said day. The said engagement was not on the basis of any regular contract of employment, but only on the basis of their availability on a particular day and they were paid for the work on piece rate basis.

(3.) It is the further averment of the petitioner that the Registrar of Co- operative Societies found that the said system of distribution was not effective and, hence, directed tender system to be called for to fix lorry owners for distribution of essential commodities, which started functioning from the year 2009. It is the further case of the petitioner that the said lorry owners, who were under contract, were to employ workmen and to pay them for carrying out the distribution works entrusted by the petitioner.