TAMILZHAGA KOOTURAVU VEETTU VASATHI SANANGALIN SEYALALARGAL ASSOCIATION Vs. REGISTRAR OF COOPERATIVE SOCIETIES HOUSING

JUDGEMENT

(1.) THE writ petition has been filed by the petitioner union seeking a writ of certiorari, calling for records on the file of the respondent relating to the impugned circular bearing No. R. C. 1/95/c4 dated 22. 02. 1995 and to set aside the same.

(2.) THE petitioner association is a registered Union under the provisions of the Trade Union Act, 1926. There are nearly 900 employees in different categories in 165 Taluk Cooperative Housing Societies (in short "the Societies" ). The main object of the Societies is to extend housing loans to the poor people in rural areas. The employees of the Societies are eligible to become members in the petitioner union. The petitioner union represents the interest of the employees working in the Societies. Since there is no other effective body to represent the grievances of the employees of the Societies, the petitioner union has filed this writ petition on behalf of the employees of the Societies.

(3.) IT is the case of the petitioner union that the pay scale, other allowances and benefits to the employees of the Societies were not revised for several years despite repeated demands. Whereas in case of the District Urban Cooperative Housing Societies in Tamil Nadu, employees' wages, allowances and other benefits were revised by way of entering into settlements under Sections 18 (1) and 12 (3) of the Industrial Disputes Act. Aggrieved by the non-revision of pay scale, allowances and other benefits, the petitioner union made several representations to the respondent expressing the grievances of its member employees. In turn, the respondent directed the employees of Societies to improve their work by achieving higher target of recovery of loan dues from the members of the Societies. Accordingly, the employees worked hard and achieved 52% of the recovery of loans in a short period during 1994. Impressed by the performance of employees, the respondent issued a Circular bearing No. 8530/94 dated 08. 06. 1994 directing the Deputy Registrar of Cooperative Societies (Housing) to allow all the Special Officers of Societies to enter into 18 (1) settlement in respect of wage revision and other benefits, after taking into account the financial position of the Societies. Consequently, the Deputy Registrar of Cooperative Societies (Housing) issued a Circular bearing no. 3151/94 dated 09. 06. 1994 directing all the Societies throughout the State to submit the proposals containing the wage revision, allowances and other benefits to be extended to their employees for his approval.