P SHANMUGARAJ Vs. JOINT REGISTRAR SPECIAL

JUDGEMENT

(1.) (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorari, to call for the re-cords of the first respondent made in his proceedings in Na.KA. No. 4018/2004/U.Tha dated 02.08.2004 and quash the same.) 1. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

(2.) IN these two writ petitions the impugned order of the first respondent dated 02.08.2004 is under challenge. The petitioner in W.P. No. 1060 of 2004 was working as sales Assistant in the first respondent Co-operative Wholesale Stores and the duties and responsibilities were fixed on the secretary, Manager and Section Assistant etc., in the bye-laws of the society. As far as the sales assistant no duties and responsibilities were fixed in the bye laws. The goods were sold on credit basis and price fixed by the Manager and the petitioner has no right in fixation of price of the commodity.

(3.) IT is also the case of the petitioners that the petitioners being the sales Assistant and Junior Assistant respectively have nothing to do with fixation of price and inasmuch as the sales have been effected on credit basis, there is no question of loss to the society. There was absolutely no negligence or default on the part of the petitioners as per Section 10 of the Payment of Wages Act and therefore, the recovery cannot be made. There was no enquiry conducted according to the petitioners. Even Section 81(1) of the Tamil Nadu Co-operative Societies Act which contemplates enquiry, no enquiry was conducted. IT is further stated by the petitioners that even monthly stock statement relating to the relevant period referred to in the impugned order does not show any irregularity in the statements. Even as per the calculations, the petitioners would state that the calculations arrived at are different in the prices and are not correct. There was no audit objection as per the Section 80 of the Tamil Nadu Co-operative Societies Act.