D BALASUBRAMANIAN SUPERVISOR Vs. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES PERAMBALUR PERAMBALUR DISTRICT

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties concerned.

(2.) THE petitioners are employed in the third respondent Society. While so, the third respondent Society had revised the pay scales of the petitioners by concluding a settlement, under Section 12(3) of the Industrial Disputes Act, 1947, on 5.5.1999, with effect from 1.7.1997, based on the resolution passed by the Bank, on 6.1.1999. After the settlement was entered into, the fifth petitioner had retired from service, on 31.5.2000 and the sixth petitioner had retired from service, on 30.11.2000. Since the respondents had attempted to cancel the settlement entered into between the employees and the third respondent Bank, the fifth and sixth respondents were constrained to file the present writ petition as it would also affect the salaries of the retired persons. THE second respondent had issued the impugned order, dated 3.12.1999, directing the third respondent to cancel the 12(3) settlement. A further direction had also been issued to recover the alleged excess amounts paid, as per the concluded settlement. Based on the orders of the second respondent, the third respondent had passed orders directing the recovery of the amounts paid to the petitioners, in accordance with the settlement concluded under Section 12(3) of Industrial Disputes Act,1947.

(3.) IT has been further stated that the Deputy Registrar of the Co-operative Societies had ordered for an enquiry under Section 81 of the Co-operative Societies Act, 1983. On the basis of the report of the enquiry officer, the Deputy Registrar had passed the order, on 3.12.1999, directing the President of the third respondent Bank to cancel the settlement, concluded under Section 12(3) of the Industrial Disputes Act, 1947 and to recover the amounts already paid pursuant to the said settlement. The present writ petition has been filed by the petitioners challenging the said orders.