DESINGH SECRETARY SANKARAPURAM PRIMARY COOPERATIVE LAND DEVELOPMENT BANK Vs. JOINT REGISTRAR VILLUPURAM RAMASAMY PADAYACHIAR REGION

JUDGEMENT

(1.) THE writ petition has been filed by the petitioners seeking a writ of certiorari, calling for records of the first respondent in R.C. No.1602 of 1993 Niva. No.1 dated 13.01.1997, quash the same and to direct the respondents to forbear from taking any action against the petitioners pursuant to the said impugned proceedings dated 13.01.1997.

(2.) THE case of the petitioners, in nutshell is as under: i. THE petitioners are the employees of Sankarapuram Primary Cooperative Land Development Bank (in short "the Bank"). On 19.09.1996, a Settlement bearing no.1426 of 1996 dated 19.09.1996 under Section 12(3) of the Industrial Disputes Act (in short "the I.D. Act") and in accordance with Rule 25 of the Tamil Nadu Industrial Dispute Rules, was entered into between the Bank represented by the then Special Officer and the petitioners. THE Bank gave effect to the Settlement and fixed the salary and other allowances of the petitioners in accordance with the 12(3) Settlement. THE Settlement contained provisions for classification of Society into 'A', 'B', 'C' and 'D' according to loan outstanding as on 31.03.1992 and collection of overdue loan. THE condition which was attached to all the classification is that there must have been 50% collection of overdues. THE Settlement, which was operative for a period of five years from 01.07.1992 to 30.06.1997, also provided for the fixation of pay scale and allowances to the employees of the Society who are the petitioners. THE pay and allowances fixed pursuant to the Settlement had been duly checked and authorised by the Sub-Registrar on behalf of Deputy Registrar, Tirukoilur, on 18.10.1996. ii. While so, by the impugned proceedings dated 13.01.1997, the first respondent informed the third respondent that there had been wrong classification and wrong calculation of pay and that an amount of Rs.2,27,304.95 had been paid to the employees in contravention of the Circular issued by the Registrar of Cooperative Societies and directed recovery of the amount already paid to the petitioners. Based on the impugned proceedings of the first respondent, the third respondent had stopped the disbursement of pay of the petitioners from January 1997. THE petitioners have filed the present writ petition on the ground that the action of the first respondent is ultra vires his powers under the Tamil Nadu Cooperative Societies Act.

(3.) PER contra, Mr. I. Paranthaman, learned Government Advocate has contended that if the mala fide pay fixation is given effect to, the financial condition of the Primary Cooperative Land Development Bank will get depleted and hence, the pay and allowances of the petitioners may be fixed in accordance with the Government Orders and the instructions of the Registrar of Cooperative Societies to safeguard the funds of the Bank.