T.Imayavaramban v. The Joint Registrar Of Cooperative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.10.2024
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and WMP Nos.26939 and 26940 of 2024
1. T.Imayavaramban 2.A.Kumarasamy .. Petitioners Vs.
1.The Joint Registrar of Cooperative Societies Tiruppur Region, Tiruppur, Tiruppur District.
2. The Deputy Registrar of Co-operative Societies, Dharapuram Circle, Dharapuram, Tiruppur District.
3. The President, No.1114 - Dharapuram Agricultural Producers Co-operative Marketing Society, Chinnakadai Street, Dharapuram - 638 656 Tiruppur District .. Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the 1/5
respondents to regularise the petitioners service as Salesman in the 3rd respondent society by taking note of circular issued by the Registrar of Cooperative Societies in Circular No.21/2007 in RC No.103607/2007/SF3 dated 30.08.2007.
For Petitioner : Mr.C.Prakasam For Respondents : Mr.P.Ganesan Government Advocate for R1& R2 Mr.V.Ramesh Government Advocate for R3 *****
O R D E R
This writ petition has been filed for the issue of writ of Mandamus directing the respondents to regularise the services of the petitioners, who are working as Salesman in the 3rd respondent society by taking note of the circular issued by the Registrar of Co-operative Societies in Circular No.21/2007 dated 30.08.2007.
2.
Heard Mr.C.Prakasam, learned counsel for the petitioner and Mr.P.Ganesan, learned Government Advocate for Respondents 1 and 2 and Mr.V.Ramesh, learned Government Advocate for 3rd respondent. 2/5
3.
Individual Counter affidavit have been filed by respondents 1 and 3.
4.
The relief as sought for by the petitioner cannot be granted by this Court since the circular that was relied upon by the petitioners has been considered by this Court in a batch of writ petitions in WP No.21440 of 2015 etc., dated 19.02.2021. At paragraph 37 of the Order, this Court had given certain directions. Accordingly, out of nearly 36872 employees, for 26768 employees, the services were regularised as per the order passed by this Court. The petitioners do not fall within the criteria fixed by this Court. In view of the same, the petitioners cannot certainly trace their right to the circular issued by the Registrar of Co-operative societies dated 30.08.2007. 5.
When the above was brought to the notice of the learned counsel for the petitioners, the learned counsel for the petitioners submitted that the petitioners have been employed as a Salesman for more than 20 years and therefore, the petitioners will trace their right dehors the circular issued by the Registrar of Co-operative societies dated 30.08.2007 and file a fresh writ petition.
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6.
In the light of the above submission made by the learned counsel for the petitioners, this writ petition is closed by granting liberty to the petitioners to work out their remedy in accordance with law. No costs. Consequently, the connected miscellaneous petitions are closed. 18.10.2024 Index : Yes/No Speaking order:Yes/No rka To 1.The Joint Registrar of Cooperative Societies Tiruppur Region, Tiruppur, Tiruppur District.
2. The Deputy Registrar of Co-operative Societies, Dharapuram Circle, Dharapuram, Tiruppur District.
3. The President, No.1114 - Dharapuram Agricultural Producers Co-operative Marketing Society, Chinnakadai Street, Dharapuram - 638 656 Tiruppur District 4/5
N.ANAND VENKATESH, J rka 18.10.2024 5/5