K.Kanchana, v. The Registrar Of Co-Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.07.2023

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN W.P.No.13851 of 2013

1. K.Kanchana

2. R.Devisheela

3. R.Elaiyarasi

4. A.Arumaikannu

5. N.Vengai Ilavarasi

6. D.Pragash

7. S.Rekha

8. N.Nithyanandham

9. T.Thenamudhaarasi

10. K.Parimala

11. R.Rajesh

12. N.Jayaganesh

13. S.Murugeswari

14. R.Vinothkumar

15. D.Aswini

16. B.Aruljothi

17. R.Pavithra

18. A.Tamilselvi

19. S.Jagadeswari

20. N.Pravin ....

Petitioners Vs

1. The Registrar of Co-operative Societies, Co-operative Department, Puducherry.

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2. The Deputy Registrar-cum-Managing Director, Pondicherry State Co-operative Union Ltd., Co-operative Department, Puducherry.

3. The Principal, Arts and Science College, Pondicherry State Co-operative

4. The Principal, B.Ed. College, Pondicherry State Co-operative

5. The Principal, D.Ed. College, Pondicherry State Co-operative

6. The Pondicherry Institute of Co-operative Management.

....

Respondents Prayer:- Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records of the second respondent in respect of termination order dated 04.04.2013 and quash the same and consequently to direct the respondents to reinstate the petitioners into service and to regularize their services with effect from the date on which they are appointed with all other consequential benefits.

For Petitioner : Mr.V.Ajayakumar For R1 & R2 : Mrs.V.Usha Additional Government Pleader (Pondy) For R4 to R6 : Mr.R.Sreedhar Additional Government Pleader (Pondy) 2/6

ORDER

This Writ Petition has been filed challenging the order dated 04.04.2013 passed by the second respondent, thereby terminating the petitioners who are daily labourers.

2. Heard Mr.V.Ajayakumar, learned counsel appearing for the petitioner, Mrs.V.Usha, learned Additional Government Pleader (Pondy) appearing for the respondents 1 & 2, Mr.R.Sreedhar, learned Additional Government Pleader (Pondy) appearing for the respondents 4 to 6 and perused the materials available on record.

3. The petitioners were engaged on daily rated basis in different categories, viz., Junior Clerk, Attender and Driver, under the Pondicherry Co-operative Union Ltd., by the respondents. After completion of work, they were disengaged by the fourth respondent. It shows that they were engaged on stop gap basis and they were not appointed in regular and permanent vacancies. Therefore, they cannot be termed as employee and it would amount to part time, since they were not engaged on any vacancy through employment exchange. Therefore, this Court finds no infirmity or 3/6

illegality in the order dated 04.04.2013 passed by the second respondent. Thus, the writ petition is devoid of merits and is liable to be dismissed.

4. Accordingly, this Writ Petition stands dismissed. There shall be no order as to costs.

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1. The Registrar of Co-operative Societies, Co-operative Department, Puducherry.

2. The Deputy Registrar-cum-Managing Director, Pondicherry State Co-operative Union Ltd., Co-operative Department, Puducherry.

3. The Principal, Arts and Science College, Pondicherry State Co-operative

4. The Principal, B.Ed. College, Pondicherry State Co-operative

5. The Principal, D.Ed. College, Pondicherry State Co-operative 4/6

6. The Pondicherry Institute of Co-operative Management.

G.K.ILANTHIRAIYAN,J.

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