LAWS(MAD)-2017-2-156

K. SUBRAMANIAN Vs. THE REGISTRAR DEPARTMENT OF COOPERATIVE SOCIETIES NO.170, PERIYAR EVR SALAI KILPAUK, CHENNAI

Decided On February 07, 2017
K. SUBRAMANIAN Appellant
V/S
The Registrar Department Of Cooperative Societies No.170, Periyar Evr Salai Kilpauk, Chennai Respondents

JUDGEMENT

(1.) Since the relief sought for in all these writ petitions are similar in nature, they are taken up together for disposal by this common order.

(2.) The prayer in all these writ petitions is for issuance of a writ of certiorarified mandamus to quash the impugned orders, dated 15.02016, passed by the first respondent and to direct the respondents to absorb the petitioners in service and regularize their service with time-scale of pay and all other attendant and monetary benefits.

(3.) According to the petitioners, they and the husband of the petitioner in W.P.(MD) No.15188 of 2016 are unskilled contract labours under the control of the respondent Bharat Heavy Electrical Employees Co-operative Bank Ltd., Trichy, for more than 20 years. Though they are unskilled labours for various kinds of unskilled jobs, the Management has been extracting all kinds of works from them. Since their service has not been regularized, the petitioners gave representations, dated 20.12.2014, to the respondents 1 to 4 seeking absorption and regularization of their service. But, the respondents 1 to 4 had not taken any action on their representations, which accelerated the petitioners to approach this Court by way of filing separate writ petitions in W.P.(MD) Nos.1794 to 1814 of 2015. This Court, by a common order, dated 102.2015, directed the respondents 1 to 4 to consider the petitioners' representations, dated 20.12.2014, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of that order. But, the fourth respondent vide proceedings dated 09.04.2015 and the second respondent vide proceedings dated 20.04.2015, had rejected the petitioners' claim on the ground that they are contract labours and there is no master-servant relationship between the petitioners and the Management. Aggrieved by the rejection of their claim, the petitioners had once again knocked at the doors of this Court by filing W.P.(MD) Nos.14189 to 14209 of 2015 and this Court, considering the fact that there has been more effective and statutory remedy of revision is available under Sec. 153 of the Co-operative Societies Act, by orders dated 11.08.2015, dismissed the writ petitions with a direction to the petitioners to approach the Revisional Authority, namely, the Registrar/first respondent and also with a direction to the Revisional Authority to dispose of the petitioners' revision to be filed on merits preferably within a period of four months from the date of receipt of a copy of those orders. Based on the direction given by this Court, they filed revision petitions before the Revisional Authority/first respondent. But, the first respondent, without considering the facts and circumstances of the case in a proper perspective manner, by the impugned orders, dated 15.02.2016, dismissed the petitioners' revision petitions in a biased manner. Aggrieved by the dismissal of their revisions, the petitioners are before this Court.