S.Kanagaraj v. The General Manager
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.13708 of 2019 and W.M.P.(MD)Nos.10252 and 10253 of 2019 S.Kanagaraj .. Petitioner Vs.
1.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye Pass Road, Madurai.
2.The Secretary, The TNSTC Madurai Division Employees' & Other Public Service, Co-operative Building Society Limited, MDA-HSG 11, Madurai - 10.
.. Respondents Prayer:
Petition is filed under Article 226 of the Constitution of India seeking for issuance of a Writ of Certiorari, calling for the records pertaining to the impugned order of the second respondent in CBS/Ref.No.Nil, dated 28.08.2018 and quash the same as illegal.
For Petitioner : Mr.G.M.Xavier For Respondents : Mr.J.Senthil Kumaraiah
ORDER
This Writ Petition has been filed seeking to quash the impugned order of the second respondent in CBS/Ref.No.Nil, dated 28.08.2018.
2.Mr.J.Senthil Kumariah, learned Standing Counsel takes notice for the respondents.
3.According to the petitioner, he joined the first respondent Corporation in the year 1986 and joined the second respondent during 2003 and received housing loan of Rs.2,25,000/-. The said housing loan amount was paid by three installments and carrying 11% interest for 10 years, i.e., 120 months. Further, the second
respondent extended the period of installments from 120 months to 180 months. If the second respondent recovered every monthly installments for a period of 120 months, it comes to about Rs.4,19,400/-, but, the second respondent has recovered Rs.5,00,000/- from him till today. Though the petitioner has attained the age of superannuation and was allowed to retire from service on 30.09.2018, his retirement benefits were not sanctioned to him till date. While so, the second respondent vide impugned proceedings dated 28.08.2018, has directed the Deputy Manager, to deduct the loan outstanding amount of Rs.6,98,882/- from the petitioner's gratuity amount. Hence, the present Writ Petition. 4.The learned counsel appearing for the petitioner submitted that the second respondent cannot make any recovery under the gratuity amount payable to the petitioner under Section 13-A of the Payment of Gratuity Act, 1972 and therefore, the impugned order of the second respondent is per se illegal and the same is liable to be quashed.
5.The learned Standing Counsel appearing for the respondents submitted that no writ petition can be entertained against the Cooperative Society, in view of the legal principles settled by the Larger Bench of this Court in the case of K.Marappan Vs. The Deputy Registrar of Co-operative Societies and others reported in 2006 (4) LW 495 : 2006 (4) MLJ 641 : 2006 (4) CTC 689. 6.In view of the above, the remedy to the employees of the Cooperative Societies lies before the competent authorities under the Act itself. Under such circumstances, it is left open to the writ petitioner to approach the competent authority under the provisions of the Tamil Nadu Co-operative Societies Act, for redressal of his grievance. Accordingly, this Writ Petition stands dismissed.
No costs.
Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CS-I) // True Copy // Sub Assistant Registrar(CS) To 1.The General Manager, Tamil Nadu State Transport Corporation (Madurai) Ltd., Madurai Region, Bye Pass Road, Madurai.
2.The Secretary, The TNSTC Madurai Division Employees' & Other Public Service, Co-operative Building Society Limited, MDA-HSG 11, Madurai - 10.
+1 CC to M/s.J.SENTHIL KUMARAIAH, Advocate ( SR-70139[F] dated 20/06/2019 ) +1 CC to M/s.G.M.XAVIER, Advocate ( SR-70568[F] dated 21/06/2019 ) SMN2 W.P.(MD) No.13708 of 2019 19.06.2019 KM/(28.06.2019) 3P 5C