Madras High CourtWP/20186/2023disposed of

Sakthivel v. The Registrar

2023-07-10Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR Sakthivel .. Petitioner

Versus

1.The Registrar Registrar of Co Operative Societies No.170, N.V.Natarjan Maaligai Periyar EVR High Road Poonamallee High Road Kilpauk, Chennai - 600 010 2.The Joint Registrar The Joint Registrar of Co-operative Societies Surrampatti Erode Region - 638 009 3.The Deputy Registrar The Deputy Registrar of Co-operative Societies Surrampatti Erode Region - 638 009 4.The Deputy Registrar/Managing Director Erode Co-operative Urban Bank Ltd No.3, Periyar Street Post Box No.42 Erode - 638 001 .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Deputy Registrar/Managing Director, Erode Co-operative Urban Bank Ltd to pay interest at the rate of 18% per annum for the belated payment of retirement 1/4

benefits for the period from 31.03.2022 to 31.03.2023 and to settle the four months' salary due for the period 01.02.2020 and to settle the four months' salary due to the period 01.02.2020 to 30.06.2021 amounts of Rs.3,59,000/- (Rupees Three Lakhs Fifty Nine Thousand Only), increment arrears due Rs.45,000/- and arrears of salary based on the 12(3) settlement of Industrial Dispute, entered between the management and the union in the year 2019 by considering the petitioner's representation dated 22.04.2023. For Petitioner : Mr.D.Veerasekaran For Respondent : Mr.V.Jeevagiridharan for R1 to R3 Additional Government Pleader Mr.C.Selvaraj for R4 Additional Government Pleader

ORDER

This Writ Petition has been filed seeking to direct the fourth respondent to pay the interest at the rate of 18% per annum for the belated payment of retirement benefits, increment arrears and arrears of salary based on the 12(3) settlement of Industrial Dispute, entered between the management and the union in the year 2019 by considering the petitioner's representation dated 22.04.2023.

2. It is the case of the writ petitioner that he joined as Assistant in the fourth respondent Co-operative Society on 09.10.1990 and he was promoted as Assistant Manager on 07.12.2015 and continued his service till he obtained voluntary retirement on 31.03.2022. Pursuant to his retirement from the fourth respondent Society, certain benefits are not being given to the petitioner. 2/4

Hence, he made a representation on 22.04.2023 to the fourth respondent to settle the same, which is pending without consideration till date. Hence, this petition.

3. The learned Additional Government Pleader submitted that the representation of the petitioner dated 22.04.2023 will be considered on its own merits.

4. Such view of the matter, this Court directs the fourth respondent to consider representation of the petitioner dated 22.04.2023 and pass appropriate orders on merits and in accordance with law within a period of two months thereafter. Accordingly, this writ petition stands disposed of. No costs. 10.07.2023 dhk Index:Yes/No Internet: Yes/No 3/4

N.SATHISH KUMAR, J.

dhk To 1.The Registrar Registrar of Co Operative Societies No.170, N.V.Natarjan Maaligai Periyar EVR High Road Poonamallee High Road Kilpauk, Chennai - 600 010 2.The Joint Registrar The Joint Registrar of Co-operative Societies Surrampatti, Erode Region - 638 009 3.The Deputy Registrar The Deputy Registrar of Co-operative Societies Surrampatti, Erode Region - 638 009 4.The Deputy Registrar/Managing Director Erode Co-operative Urban Bank Ltd No.3, Periyar Street, Post Box No.42 Erode - 638 001 W.P.No.20186 of 2023 10.07.2023 4/4