Madras High CourtWMP/15565/2020dismissed

The Managerment v. S.Balathandapani

2020-09-15Honourable Mr Justice P.D.Audikesavalu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Twenty PRESENT THE HON`BLE MR JUSTICE P.D.AUDIKESAVALU WMP No.15565 of 2020 in WP.No.10222 of 2020 THE MANAGEMENT ... PETITIONER REP BY ITS SECRETARY INCHARGE, T.P.SPECIAL 30, ZAMIN UTHUKULI PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, BODIPALAYAM ROAD, ZAMIN UTHUKULI POST, POLLACHI - 642 004.

-VSS.BALATHANDAPANI ... RESPONDENT Writ Miscellaneous Petition filed under Article 226 of the Constitution of India praying to modify the conditional order passed by this Court on 07.08.2020 in W.M.P.No.12429 of 2020 in W.P.No.10222 of 2020 in respect only to permit the Petitioner to take fixed deposit in the Petitioner's credit society instead of any nationalized bank(in WMP.No.15565 of 2020) Order : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.D.UDHAYASURIYAN, Advocate for the petitioner and of M/S.BALAN HARIDAS on behalf of the Respondents the court made the following order:- Heard Mr.D.Udhayasuriyan, Learned Counsel for the Petitioner and Mr.Balan Haridas, Learned Counsel for the Respondent and perused the materials placed on record apart from the pleadings of the parties.

2.The Labour Court in the order dated 31.10.2018 in C.P. No. 41 of 2014, which is impugned in this Writ Petition, had on the basis of the audit report filed by the Petitioner which had been marked as exhibit R1 determined that the sum of Rs.7,13,473/- as due towards provident fund by the Petitioner to the Respondent. In terms of Section 78(2) of the Tamil Nadu Co-operative Societies Act, 1983, any provident fund established by the Petitioner ought to have been invested in its financing bank and could not form part of its asset or used for business. Since the Petitioner had not complied with the same, the Respondent had been constrained to approach the Labour Court to recover the provident fund amount from the Petitioner.

As the conduct of the Petitioner has been untrustworthy, there does not appear to be any justification to modify the order passed by this Court on 07.08.2020 by directing investment of the amount due with the Petitioner itself instead of a Nationalized Bank, that would protect the interests of all parties concerned. In that view of the matter, this application for modification of the order dated 07.08.2020 in W.M.P.No.12429 of 2020 in W.P.No.10222 of 2020 is dismissed.

-sd/- 15/09/2020 / TRUE COPY / Sub Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO TO SECRETARY INCHARGE, MANAGEMENT, T.P.SPECIAL 30, ZAMIN UTHUKULI PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, BODIPALAYAM ROAD, ZAMIN UTHUKULI POST, POLLACHI - 642 004.

COPY TO

1. S.BALATHANDAPANI, S/O. C.SUBRAMANIAM PILLAI, THAPPATTAI KILAVAN PUDUR, JAMIN UTHUKULI, POLLACHI - 642 004.

2. THE PRESIDING OFFICER, LABOUR COURT, COIMBATORE.

C.C. to M/S.S.SARAVANAN Advocate on payment of necessary charges C.C. to M/S.BALAN HARIDAS Advocate on payment of necessary charges Order in WMP No.15565 of 2020 in WP.No.10222 of 2020 Date :15/09/2020 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format KP(18/09/2020)