K.Dhanalakshmi v. The Deputy Registrar Of Cooperative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.11.2023
CORAM:
THE HONOURABLE MR. JUSTICE M.S. RAMESH K.Dhanalakshmi
...Petitioner
Vs
1. The Deputy Registrar of Co-operative Societies Salem Circle, Salem District
2. The Administrator S.S.119 Salem Community - Nutrition and Anganvadi Workers and Anganwadi Assistant Women Cooperative Thrift and Credit Society Ltd., Alagapuram, Salem 16
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to consider the claim of the petitioner with regard to disbursement of pending salary from April 2023 to continuously and pass orders within a limited time frame in the light of petitioner's representation dated 14.07.2023. For Petitioner : Mr. G.Punniakoti For Respondents : Mr.V.Manohar Additional Government Pleader for R1 1/5
Mr.T.K.Saravanan Government Advocate for R2
ORDER
The prayer in the writ petition is for a mandamus directing the respondents to consider the claim of the petitioner with regard to disbursement of pending salary from April 2023 onwards.
2. According to the petitioner, as per the settlement arrived at between the management and employees under Section12(3) of Industrial Disputes Act, 1947, he is entitled for such arrears of salary at the rate of Rs.11,900/- per month. However, learned Government Advocate appearing for the second respondent submitted that Section 12(3) settlement dated 31.05.2013 has been cancelled and such cancellation has already been confirmed in W.P.No.1601 of 2022. If that be so, the petitioner would be entitled for the salary that was paid to him prior to the 12(3) settlement.
3. Today, when the matter was called, the learned counsel appearing for the second respondent had handed over a cheque dated 08.11.2023 bearing No.017344 for a sum of Rs.1,72,830/- drawn on 2/5
Salem District Central Cooperative Bank Limited towards arrears of salary paid to the petitioner from the month of April 2023. The learned counsel for petitioner acknowledges receipt of such a cheque. In case the petitioner disputes the total arrears calculated at the rate, liberty is hereby granted to him to challenge the same in the manner known to law. In view of the payment made today, no further orders are required. In the result, the writ petition stands closed. No costs. 09.11.2023 Index:Yes/No Speaking order/Non-speaking order gpa 3/5
To
1. The Deputy Registrar of Co-operative Societies Salem Circle, Salem District
2. The Administrator S.S.119 Salem Community - Nutrition and Anganvadi Workers and Anganwadi Assistant Women Cooperative Thrift and Credit Society Ltd., Alagapuram, Salem 16 4/5
M.S.RAMESH,J.
gpa 09.11.2023 5/5