A.Mahalakshmi v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.02.2025 CORAM :
THE HONOURABLE MR. JUSTICE J.SATHYA NARAYANA PRASAD Writ Petition No.24015 of 2022 A.Mahalakshmi ... Petitioner Vs.
1.The Secretary, Co-operative Department, Secretariat, St.George Fort, Chennai - 600 009.
2.The Registrar, Co-operative credit society office, E.V.R, High Road, Kilpauk, Chennai - 600 010.
3.The Management, Govindanur Primary Agri Co-op Credit Society Rep. by its Secretary, No.K.1751, Govindanur Primary Agri Co-op Credit Society, Govindanur, Puravipalayam, Pollachi, Coimbatore-642 110. 4.The President, Govindanur Primary Agri Co-op Credit Society, No.K.1751, Govindanur Primary Agri Co-op Credit Society, Govindanur, Puravipalayam, Pollachi, Coimbatore-642 110. 5.The Joint Registrar, Co-Operative Society Office, Coimbatore Zone, Arockiyasamy Road, Saibaba Colony, Coimbatore-641 038 Page No.1 of 7
6.The Deputy Registrar, Cooperative Society Office, No.16 Kamarajar Salai, Magalingapuram, Pollachi, Coimbatore-642 002.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying for issuance of Writ of Mandamus directing the respondent to consider and dispose the representations of the petitioner dated 06.04.2022, 06.05.2022 & 01.08.2022, and reinstate in to service as per order of Labour Court dated 01.04.2022, in I.D.No.15 of 2018, on the file of Additional Labour Court, Coimbatore.
For Petitioner : Mr.P.Ponbalaji For Respondents 1, 2, 5 & 6 : Mr.B.Tamil Nidhi, Additional Government Pleader For Respondents 3 & 4 : M/s.Kanomozhimathi
O R D E R
The relief sought by the petitioner in this writ petition is to direct the respondent to consider and dispose the representations of the petitioner dated 06.04.2022, 06.05.2022 & 01.08.2022, and reinstate in to service as per order of Labour Court dated 01.04.2022, in I.D.No.15 of 2018, on the file of Additional Labour Court, Coimbatore.
Page No.2 of 7
2. Learned counsel for the petitioner would submit that the petitioner was employed under the third respondent society as sales women from 16.11.1992 and promoted as Assistant Secretary from 15.10.2009. This being so, the petitioner was issued with an order of suspension, pending enquiry notice dated 21.03.2016, followed by a charge memo dated 22.04.2016. The petitioner has also sent her reply dated 27.04.2016 to the said charge memo, which was rejected by the third respondent. Thereafter, the management issued show cause notice dated 27.06.2017 and the petitioner has sent his reply dated 11.07.2017 and the same was not accepted by the third respondent and an order of termination dated 29.07.2017 was issued to the petitioner.
3. Learned counsel for the petitioner would further submit that challenging the aforesaid termination order, the petitioner has raised an industrial dispute in I.D.No.15 of 2018 on the file of Additional Labour Court, Coimbatore, seeking direction to the respondents to reinstate her into Page No.3 of 7
service with continuity of service, full back wages and other attendant benefits and the Court below by its preliminary order dated 16.02.2021 adjudicated the matter for further proceedings for adducing fresh evidence on the side of respondents. Challenging the said preliminary order dated 16.02.2021, the respondents have preferred writ petition before this Court in W.P.No.14415 of 2021 and the same was closed on 14.07.2021. Subsequently, the Labour Court, Coimbatore vide its order dated 01.04.2022 in I.D.No.15 of 2018 has allowed the petition by setting aside the termination order dated 29.07.2017 passed by the third respondent.
4. Learned counsel for the petitioner would further submit that pursuant to the said order dated 01.04.2022, the petitioner has sent several representations dated 06.04.2022, 06.05.2022 & 01.08.2022 to implement the order of the Labour Court. However, the respondents have not passed any order. Aggrieved over the same, the petitioner has come forward with the present writ petition.
5. Learned Additional Government Pleader appearing for the Page No.4 of 7
respondents 1, 2, 5 & 6 would submit that as per the order of Labour Court, Coimbatore dated 01.04.2022, the petitioner has been reinstated into service on 30.09.2024.
6. The aforesaid submission has been acknowledged by the learned counsel for the petitioner.
7. Heard the learned counsel on either side and perused the materials available on record.
8. In view of the submission made by the learned counsel on either side, the prayer sought for in this writ petition has already been granted to the petitioner. Hence, nothing survives in this writ petition for further adjudication.
9. In the result, this writ petition stands closed. No costs. 14.02.2025 Page No.5 of 7
vm Index :
Yes/No Speaking Order :
Yes/No :
Yes/No J.SATHYA NARAYANA PRASAD,J.
vm To:
1.The Secretary, Co-operative Department, Secretariat, St.George Fort, Chennai - 600 009.
2.The Registrar, Co-operative credit society office, E.V.R, High Road, Kilpauk, Chennai - 600 010.
3.The Secretary, Govindanur Primary Agri Co-op Credit Society No.K.1751, Govindanur Primary Agri Co-op Credit Society, Govindanur, Puravipalayam, Pollachi, Coimbatore-642 110. Page No.6 of 7
4.The President, Govindanur Primary Agri Co-op Credit Society, No.K.1751, Govindanur Primary Agri Co-op Credit Society, Govindanur, Puravipalayam, Pollachi, Coimbatore-642 110. 5.The Joint Registrar, Co-Operative Society Office, Coimbatore Zone, Arockiyasamy Road, Saibaba Colony, Coimbatore-641 038 6.The Deputy Registrar, Cooperative Society Office, No.16 Kamarajar Salai, Magalingapuram, Pollachi, Coimbatore-642 002.
14.02.2025 Page No.7 of 7