NANNILAM PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY LTD. Vs. PRESIDING OFFICER, LABOUR COURT, CUDDALORE AND ORS.

JUDGEMENT

(1.) The Award dated 21.08.2014 passed in I.D.No.16 of 2011 is sought to be quashed in the present writ petition.

(2.) The writ petitioner is Z.376, Nannilam Primary Agricultural Cooperative Credit Society Limited. The petitioner states that the 2nd respondent was not appointed as a Salesman of the petitioner society on 01.11.2002. He was engaged as a daily wage employee on need basis. In view of the fact that he was not appointed in accordance with the Recruitment rules in force, the petitioner is not entitled for any permanent absorption or reinstatement. There is no order of appointment was submitted before the Labour Court nor the 2nd respondent established that he was appointed by following the due process of law and in consonance with the recruitment rules in force.

(3.) The learned counsel appearing on behalf of the writ petitioner states that the irregular and illegal appointments in Cooperative Societies were adjudicated by the Hon'ble Division Bench of this Court in the case of L.Justine and another Vs. The Registrar of Co- operative Societies, Chennai - 10, reported in 2003 (1) LLJ 284 and 2002 (4) CTC 385, which was taken by way of an appeal before the Hon'ble Supreme Court of India in the case of A.Umarani V. Registrar of Cooperative Societies, reported in (2005) 1 MLJ 6(SC), the Courts held that the irregular appointees are not entitled for regularization or permanent absorption and only if their initial appointments were made in accordance with the procedures contemplated, then alone the benefit of regularization or permanent absorption can be given. Accordingly, the process of identifying the regular appointments were undertaken by the competent authorities of the Cooperative department and those employees, who were appointed in accordance with the rules, their services were regularized and the services of all other irregular employees were dispensed with.