THE SPECIAL OFFICER, ED 178 K GANAPATHYPALAYAM MILK PRODUCERS CO-OPERATIVE SOCIETY Vs. P. RAJENDRAN AND ORS.

JUDGEMENT

(1.) The present Writ Petition is filed seeking to issue a Writ of Certiorari, calling for the records relating to the order dated 11.01.2010 made in I.D.No.283 of 2000 on the file of the 2nd respondent and to quash the same.

(2.) The petitioner is Milk Producers Co-operative Society. The petitioner appointed the 1st respondent as Secretary on 21.07.1978. While he was working as a Secretary, he was placed under suspension with effect from 07.08.1998 for certain misconduct and charge memo dated 31.08.1998 was issued to the 1st respondent, containing following charges:

(3.) The petitioner filed counter statement and raised objection that the said Industrial Dispute is not maintainable as the 1st respondent is not a workmen as defined under Section 2 (s) (iii) and (iv) of the Industrial Disputes Act, 1947 [hereinafter referred to as 'the Act']. The 1st respondent is the Chief Executive of the Society and shall be responsible for maintenance of all registers of the Society. The petitioner also stated that due to misconduct of the 1st respondent, the work and normal transaction of the Society was disturbed and petitioner proved the charges leveled against the 1st respondent in domestic enquiry.