G.Ravi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2024

CORAM:

THE HONOURABLE MS.JUSTICE R.N.MANJULA 1.G.Ravi, Depot Man (Aavin), No: 7/4c, Arumugam Street, Pulithavakaam, Ullagaram, Chennai - 600 091.

2.K.Sarangan, Depot Man (Aavin), No: 7/4c, Arumugam Street, Pulithavakaam, Ullagaram, Chennai - 600 091.

...

Petitioners versus 1.The Commissioner, Milk and Diary Development, No:3A, Pasumpon Muthramalingar Salai, Nandanam, Chennai - 600 035.

2.The Deputy Registrar (Dairying), Sathavaram Road, Orikai (PO), Kottai Kaval Village, Kanchipuram - 631 501.

3.The President, 1/6

Nanganallur Milk Co.op. Society Ltd. (M.D.573), No:37/2, 100 Feet Road, Hindu Colony, Nanganallur, Chennai - 600 061.

4. Mr.Palanisamy, The Secretary, Nanganallur Milk Co.op. Society Ltd. (M.D.573), No:37/2, 100 Feet Road, Hindu Colony, Nanganallur, Chennai - 600 061.

...

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st, 2nd and 3rd respondents to impose a major punishment against the 4th respondent by considering the resolution and representation of the members in the Society dated 10.02.2021.

For Petitioners :

Mr.L.P.Shanmugasundaram For Respondents :

Mr.P.Sathish Additional Government Pleader

O R D E R

Heard Mr.L.P.Shanmugasundaram, learned counsel for the petitioners and Mr.P.Sathish, learned Additional Government Pleader for the respondents and perused the materials available on record. 2.

The petitioners claim themselves as Members of the Co-operative Society. The 4th respondent is working as a Secretary in the 2/6

said Society and disciplinary proceedings have been initiated against the 4th respondent by the 3rd respondent for certain alleged irregularities. 3.

Mr.L.P.Shanmugasundaram, learned counsel for the petitioners submitted that the charges against the 4th respondent have been proved and imposed with the punishment of stoppage of 3 years increment with cumulative effect.

4.

However, these petitioners have filed this petition seeking a writ of mandamus, to direct the respondents 1 to 3 to impose a major punishment against the 4th respondent. Even if the petitioners happen to be the members of the Society, they are third parties to the employment contract between the 4th respondent and the respondents' Society. 5.

Mr.P.Sathish, learned Additional Government Pleader for the respondents submitted that the 4th respondent has filed Revision Petition under Section 153 of the Tamil Nadu Cooperative Societies Act, 1983 and the same is still pending.

3/6

6.

Whatever may be the case, these petitioners have got no locus standi to question the quantum of punishment that was been imposed by an employer against his employee. Hence, this Writ Petition is not maintainable and the same is closed. No costs.

13.03.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri 4/6

To 1.The Commissioner, Milk and Diary Development, No:3A, Pasumpon Muthramalingar Salai, Nandanam, Chennai - 600 035.

2.The Deputy Registrar (Dairying), Sathavaram Road, Orikai (PO), Kottai Kaval Village, Kanchipuram - 631 501.

3.The President, Nanganallur Milk Co.op. Society Ltd. (M.D.573), No:37/2, 100 Feet Road, Hindu Colony, Nanganallur, Chennai - 600 061.

4. Mr.Palanisamy, The Secretary, Nanganallur Milk Co.op. Society Ltd. (M.D.573), No:37/2, 100 Feet Road, Hindu Colony, Nanganallur, Chennai - 600 061.

5/6

R.N.MANJULA , J.

sri 13.03.2024 6/6