IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 22.10.2009 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.37081 of 2005 J.Anthonisamy. ... Petitioner vs. 1.The Registrar of Cooperative Societies, Cooperative Department, Pondicherry. 2.The Administrator/Managing Director, The Pondicherry Cooperative Milk Producers' Union Ltd., No.P.1, Kurumampet, Pondicherry-605 009. ... Respondents Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, calling for records of the second respondent in Ref:PCMPU/Estt/A/76/71-VOL III dated 17.2.2005 and the order of the first respondent passed in Proceeding No.5/7/1/31 RCS/Dairy/2005/78 dated 28.9.2005 and quash these orders and consequently direct the respondents to reinstate the petitioner in service with full backwages and other consequential service benefits. For Petitioner : Mr.Ishtiaq Ahmed For Respondents : Mr.P.Vijay Anand for Government Pleader(Pondicherry) : No appearance for R2 ----- O R D E R
This Writ Petition is filed praying to issue a Writ of Certiorarified Mandamus, calling for records of the second respondent in Ref:PCMPU/Estt/A/76/71-VOL III dated 17.2.2005 and the order of the first respondent passed in Proceeding No.5/7/1/31 RCS/Dairy/2005/78 dated 28.9.2005 and quash these orders and consequently direct the respondents to reinstate the petitioner in service with full backwages and other consequential service benefits.
2. The writ petitioner, working as a Plant Operator in Pondicherry Cooperative Milk Producers’ Union, was placed under suspension with effect from 28.5.2004. Thereafter, a charge sheet was issued on 29.7.2004. An enquiry report was submitted on 26.11.2004. Based on the enquiry report, the order of dismissal was issued by the second respondent, the Administrator/Managing Director, Pondicherry Cooperative Milk Producers’ Union on 17.2.2005. Petitioner preferred an appeal to the Registrar of Cooperative Societies, the first respondent on 3.3.2005. Since no order has been passed, petitioner filed W.P.No.23862 of 2005 to direct the first respondent, the Registrar of Cooperative Societies to dispose off the appeal within a stipulated time. By order dated 26.7.2005, this court directed the Registrar of Cooperative Societies to consider the appeal filed by the petitioner dated 3.3.2005 and pass orders on the same on merits and in accordance with law within four moths from the date of receipt of a copy of the order.
3. The Registrar of Cooperative Societies by order dated 28.9.2005 held that since the termination of service is a consequence of the disciplinary proceedings, he cannot adjudicate the matter in view of the bar under Section 84 of the Pondicherry Cooperative Societies Act, 1972. The petitioner was advised to seek remedy under the Industrial Disputes Act, 1947. Hence, the writ petition.
4. A counter has been filed by the first respondent, the Registrar of Cooperative Societies. According to the Registrar of Cooperative Societies, under Section 84(1) of the Pondicherry Cooperative Societies Act, 1972 there is a specific bar and the Registrar cannot adjudicate the disputes relating to a disciplinary action taken by the society or by the committee against a paid servant of the society.
5. At the time of final hearing, learned counsel for the petitioner pointed out that specific rules have been framed and approved by the Registrar of Cooperative Societies which governs the service conditions of the employees of the Union and it takes effect from 1.7.1980. In the said rules insofar as disciplinary matters are concerned it is covered under Chapter IV. The relevant rules are Rules 35 to 50 of the Service Regulations of the employees of the Pondicherry Cooperative Milk Producers’ Union Ltd. A right of appeal is provided under Rule 46. The writ petitioner has to therefore, seek remedy in accordance with the rules.
6. In view of the above, the writ petition is disposed off granting liberty to the petitioner to file an appeal before the competent authority and canvass his rights before the said authority in accordance with law.
7. The appeal was erroneously filed before the Registrar of Cooperative Societies and has been disposed off on 28.9.2005. The present writ petition has been filed by the petitioner before this court on 14.11.2005. The pendency of the matter before the Registrar of Cooperative Societies, the first respondent and before this court shall be taken into consideration by the appellate/appropriate authority under the rules for the purpose of limitation, if any. Counsel for the petitioner pleaded that the petitioner, was 57 years old at the time of dismissal. He pleaded that the authority may be directed to dispose of the matter within a time frame. In the event of an appeal being filed and canvassed before the appellate authority, the appellate authority may consider and dispose the appeal as expeditiously as possible, preferably within a period of six months from the date of filing the appeal. No order as to costs.
Index: No 22.10.2009
Internet: Yes
ts
To
1.The Registrar of Cooperative Societies,
Cooperative Department,
Pondicherry.
2.The Administrator/Managing Director,
The Pondicherry Cooperative Milk
Producers' Union Ltd.,
No.P.1, Kurumampet,
Pondicherry-605 009.
R.SUDHAKAR,J.,
ts
Order in
W.P.No.37081 of 2005
22.10.2009
