Cuddalore Mandala Vatta/Nagara v. The Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21-06-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM WP NO.18168 OF 2014 AND MP NOS.2 AND 3 OF 2014 Cuddalore Mandala Vatta/Nagara Kooturavu Veetu Vasathi Sangangalin Paniyalargal Union, (Regd. No.245/CDR), Represented by its Zonal General Secretary, D.Dhandapani, S/o.Duraisamy, No.58, Sengunthar Street, Ulundurpet, Villupuram District.
.. Petitioner vs.
1. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
2. The Secretary to Government, Cooopration, Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.
3. The Registrar of Cooperative Societies, Kilpauk, Chennai - 600 010.
4. The Registrar of Cooperative Societies (Housing), Tamil Nadu Housing Board Complex, Teynampet, Chennai - 18.
.. Respondents
Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned order passed by the fourth respondent in his proceedings Na.Ka.8311/2013/B4 dated 05.05.2014 and quash the same and consequently directing the respondents to pass favourable orders on the demand made by the petitioner-Union through their written representation dated 06.12.2013. For Petitioner : Mr.C.Prakasam For Respondent : Ms.S.Anitha, Special Government Pleader.
O R D E R
The proceedings of the fourth respondent dated 05.05.2014 issued to the writ petitioner is under challenge in the present writ petition.
2. The order impugned states that the Tamil Nadu Housing Federation is not in a position to pay salary to the employees of the Housing Societies.
3. With reference to the said communication, the writ petitioner-Employees Union filed the present writ petition. The relief sought for in the present writ petition is 'Omnibus' in nature. Each Co-operative Society is the Society registered under the provisions of the Tamil Nadu Cooperative Societies Act, 1983 and an independent entity in the eye of law.
4. Each Cooperative Housing Society is implementing different Housing Schemes and its financial conditions are also not one and the same. All these mitigating factors are to be ascertained by the Management of the Society for the purpose of grant of service benefits and other welfare activities. Thus, the aggrieved employees have to approach the Competent Authority for the purpose of redressal of their grievances.
5. The present writ petition filed by the writ petitioner-Employees Union cannot be entertained for the purpose of issuing a general direction with reference to Housing Societies across the State of Tamil Nadu.
6. This being the factum, the aggrieved employees of the Cooperative Housing Societies are at liberty to approach the Competent Authority in their individual capacity for the purpose of redressal of their grievances.
7. With the abovesaid liberty, the writ petition stands disposed of. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Svn To
1. The Secretary to Government, Housing and Urban Development Department, Fort St. George, Chennai - 600 009.
2. The Secretary to Government, Cooopration, Food and Consumer Protection Department, Fort St. George, Chennai - 600 009.
3. The Registrar of Cooperative Societies, Kilpauk, Chennai - 600 010.
4. The Registrar of Cooperative Societies (Housing), Tamil Nadu Housing Board Complex, Teynampet, Chennai - 18.
WP 18168 of 2014 SSD(CO) PM/05/07/2022