LAWS(MAD)-2008-1-419

TAMIL NADU VATTA KOOTURAVU VEETU VASATHI SANGANGALIN ANAITHU PANIYALARGAL MADYA SANGAM Vs. DEPUTY REGISTRAR OF CO OPERATIVE SOCIETIES HOUSING CUDDALORE CIRCLE CUDDALORE DIST

Decided On January 21, 2008
TAMIL NADU VATTA KOOTURAVU VEETU VASATHI SANGANGALIN ANAITHU PANIYALARGAL MADYA SANGAM, REP. BY ITS GENERAL SECRETARY, R. RAGHAVENDRAN Appellant
V/S
DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (HOUSING) CUDDALORE CIRCLE, CUDDALORE DIST Respondents

JUDGEMENT

(1.) IN all these appeals, the issue relates to the validity of the impugned orders passed by the first respondent, dated 12.3.1999 and 8.4.1999 in and by which the first respondent directed the respective third respondents to cancel the 18(1) settlement based on which higher scales of pay was fixed and paid to the members of the appellants and also to recover such payments already made.

(2.) BEFORE the learned single Judge, the appellants relied upon the earlier Division Bench decision of this Court in Tiruchirapalli Hiruthayapuram Co-op. Bank Employees Union v. Joint Registrar of Co-operative Societies, Tiruchirapalli 1992-I-LLJ-747. The learned single Judge, however, held that the issue was realty covered by the order dated, 1.10.2007 passed in W.P. No. 6189 of 2005 etc. The learned single Judge chose to rely upon the recent decision of the Hon'ble Supreme Court in Ghaziabad Zilla Sahkari Bank Ltd. v. Additional Labour Commissioner and Others Ghaziabad Zilla Sahkari Bank Ltd. v. Additional Labour Commissioner and Others Ghaziabad Zilla Sahkari Bank Ltd. v. Additional Labour Commissioner and Others 2007-II-LLJ-239 (SC).

(3.) AS against the above submissions, Mr. Raja Kalifulla, learned Government Pleader in his submissions drew our attention to Section 181 of the Act 1983 which gives powers to the Registrar to give directions in public interest and contended that such power once exercised by the Registrar and directions issued, the Cooperative Societies concerned are bound by such directions.