N.Rajagopalan v. The Additional Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM N.Rajagopalan ... Petitioner Vs.
1. The Additional Registrar, Tamil Nadu Co-operative Societies, No.91, St.Mary's Road, Abiramapuram, Chennai - 600 018.
2. The Deputy Registrar of Co-operative Societies (Non-Credit), Kuralagam, 2nd Floor, Broadway, Chennai - 108.
3. The President, Madras Postal Audit Co-operative, Consumers Stores Ltd., Egmore, Chennai - 600 008.
4. Mr.S.Dhanasekaran, The President, Madras Postal Audit Co-operative, Consumers Stores Ltd., Egmore, Chennai - 600 008.
... Respondents 1/4
Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus, directing the Respondents 1, 2 & 3 herein, to pay monthly salary to the petitioner without default consequently directed to pay the arrears of salary.
For Petitioner : Mr.R.Nalliappan For Respondents :
For R1 & R2 : Mr.R.P.Murugan Raja Government Advocate For R3 : Mr.L.P.Shanmugasundaram For R4 : Mr.K.Rajendiran
ORDER
The relief sought for in the present writ petition to direct the Respondents 1, 2 & 3 herein, to pay monthly salary to the petitioner without default and consequently directed to pay the arrears of salary.
2. The petitioner was an employee served in the cadre of Salesman in the third respondent Co-operative Society, which is registered under the Tamil Nadu Co-operative Societies Act. The third respondent / Cooperative Society is not a 'State' within the meaning of Article 12 of the Constitution of India. Thus, the petitioner has to exhaust his remedy before the Revisional Authority contemplated under Section 153 of the Tami Nadu Cooperative Societies Act. 2/4
3. In the present case, the grievances of the writ petitioner is that the salary due to him from the year 2018, onwards are not settled.
4. The learned counsel appearing on behalf of the third respondent brought to the notice of this Court that on 31.03.2018, the third respondent Society incurred a financial loss of more than Rs.19,00,000/-. The petitioner was not even working in the society from the year 2018 onwards. Since, the third respondent Society was a one man society managed by the petitioner himself, these disputed facts cannot be adjudicated in the present writ petition. The petitioner is at liberty to approach the Revisional Authority under Section 153 of the Tamil Nadu Cooperative Societies Act, for redressal of his grievances.
5. Accordingly, the writ petition stands disposed of. No costs. 30.11.2022 Index:Yes/No Speaking order/Non-speaking order rgm 3/4
S.M.SUBRAMANIAM, J.
rgm To
1. The Additional Registrar, Tamil Nadu Co-operative Societies, No.91, St.Mary's Road, Abiramapuram, Chennai - 600 018.
2. The Deputy Registrar of Co-operative Societies (Non-Credit), Kuralagam, 2nd Floor, Broadway, Chennai - 108.
3. The President, Madras Postal Audit Co-operative, Consumers Stores Ltd., Egmore, Chennai - 600 008.
4. The President, Madras Postal Audit Co-operative, Consumers Stores Ltd., Egmore, Chennai - 600 008.
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