J.Rajasekar v. The Registrar Of Cooperative Societies,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.09.2024
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH W.P.No.25341 of 2024 J.Rajasekar ... Petitioner Vs.
1.The Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar EVR High Road, Kilpauk, Chennai 600 010.
2.The Deputy Registrar of Cooperative Societies, Kumbakonam Circle, No.72/36, Sarangapani Sannathi Street, Kumbakonam - 612 001.
3.The Executive Director, Kumbakonam Central Cooperative Bank (Head Office) Kumbakonam.
4.The General Manager, Kumbakonam Central Cooperative Bank (Head Office) Kumbakonam.
5.The Branch Manager, Kumbakonam Central Cooperative Bank Mayiladuthurai Branch (Mahila Branch) Mayiladuthurai.
... Respondents 1/4
Prayer : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents herein to reinstate petitioner service as Jewel Appraiser in Kumbakonam Central Cooperative Bank, Mahila Branch, Mayiladuthurai or any other branch of Kumbakonam Central Cooperative Bank by considering petitioner's representation dated 01.07.2024 For Petitioner : Mr.R.Dhanasekar For Respondents : Mr.P.Ganesan Additional Government Pleader
O R D E R
This writ petition has been filed for issue of writ of mandamus directing the respondents to engage the petitioner as a Jewel Appraiser in the Kumbakonam Central Co-operative Bank by considering the representation made by the petitioner on 01.07.2024.
2.Heard Mr.R.Dhanasekar, learned counsel appearing on behalf of the petitioner and Mr.P.Ganesan, learned Additional Government Pleader appearing on behalf of respondents 1 to 4.
3.The case of the petitioner is that he was engaged as a Jewel Appraiser by the Kumbakonam Central Co-operative Bank from the year 2015 onwards. Thereafter, 2/4
from May 2024, the Society stopped engaging the petitioner as a Jewel Appraiser. Therefore, the petitioner gave a representation in this regard and requested the Society to once again engage him as a Jewel Appraiser. Since, the same was not considered, the present writ petition has been filed before this Court. 4.In the considered view of this Court, there is no employer employee relationship between the petitioner and the Society. The Society has engaged the services of the petitioner as a Jewel Appraiser and it is more a contractual relationship. Therefore, unless and otherwise, a statutory right is established by the petitioner, no writ of mandamus can be issued. 5.In the light of the above discussion, the relief as sought for by the petitioner cannot granted by this Court and accordingly, this writ petition stands dismissed. No Costs.
04.09.2024 Internet : Yes Index : Yes Speaking Order / Non Speaking Order ssr 3/4
N. ANAND VENKATESH, J.
ssr To 1.The Registrar of Cooperative Societies, NVN Natarajan Maligai, No.170, Periyar EVR High Road, Kilpauk, Chennai 600 010.
2.The Deputy Registrar of Cooperative Societies, Kumbakonam Circle, No.72/36, Sarangapani Sannathi Street, Kumbakonam - 612 001.
3.The Executive Director, Kumbakonam Central Cooperative Bank (Head Office) Kumbakonam.
4.The General Manager, Kumbakonam Central Cooperative Bank (Head Office) Kumbakonam.
5.The Branch Manager, Kumbakonam Central Cooperative Bank Mayiladuthurai Branch (Mahila Branch) Mayiladuthurai.
W.P.No.25341 of 2024 04.09.2024 4/4