G.Indira v. The Registrar Of Coop Societie

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 18.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH WP.No.31940 of 2002 G.Indira

...Petitioner

Vs 1.The Registrar of Cooperative Societies, Chennai.

2.The Special Officer, Chinnasalem Cooperative Agricultural Bank Ltd., Chinnasalem.

3.The Inspector of Labour, (Appointed under the Tamil Nadu Industrial Establishment [Conferment of Permanent Status to Workman] Act), Villupuram.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent pertaining to the proceeding dated 31.08.2001 and quash the same and direct the 2nd respondent to implement the order of the 3rd respondent made in R.C.No.A/1261/2001 dated 24.08.2001.

For Petitioner : S.Ramachandran For Respondents: Ms.T.Girija, GA for R1 No Appearance for R2

O R D E R

The petitioner, who claims to have been employed with the 2nd respondent Bank has been served with a termination letter dated 31.08.2001. It is the grievance of the petitioner that since she had been employed with the 2nd respondent Bank for more than two years, she is entitled to be regularised.

2. The learned counsel for the 2nd respondent filed a counter affidavit stating that the petitioner was appointed https://hcservices.ecourts.gov.in/hcservices/

purely on temporary basis, on condition that the appointment will not confer a right for regularisation of the services. It is stated therein that the petitioner was appointed for the specific purpose of clearing the accumulated workload and therefore, she was assigned as a salesman of fair price shop. After the work arrears were over, her services were not required and accordingly, she was terminated.

3. It is seen that the petitioner came to be terminated on 31.08.2001 and she had chosen to file this writ petition on 18.07.2002. After almost one year, she claims regularisation as a matter of right, though she was temporarily appointed for clearing the backlog work. I do not find any infirmity in the order of termination. Even otherwise, the delay in approaching this Court may also be fatal in the circumstances of the case. I do not find any merits in the case.

4. Accordingly, the writ petition stands closed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar hvk To 1.The Registrar of Cooperative Societies, Chennai.

2.The Inspector of Labour, (Appointed under the Tamil Nadu Industrial Establishment [Conferment of Permanent Status to Workman] Act), Villupuram.

+1cc to the Government Pleader, S.R.No.25694 WP.No.31940 of 2002 SPD(CO) RRS(03/05/2019) https://hcservices.ecourts.gov.in/hcservices/