IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.07.2011 CORAM THE HONOURABLE MR.JUSTICE K.CHANDRU W.P.NOs.124, 1244, 4417, 4772,5102, 7440, 8298, 8324,8787, 9091, 9432, 10056 to 10058, 10695, 19831, 14171, 14233, 14303, 14710, 16876, 19748, 20761, 21335, 21527, 21621, 22263, 22594 and 24800 of 2009 and M.P.Nos.2,1,2,2,1,1,2,2,2,3,3,3,2, 1 to 3,2, 1,1,1,1,2,1 and 1 of 2009 and 1 of 2011 1.K.KAMARAJ 2.A.LAKSHMANAN 3.P.P.KRISHNAN 4.P.PERUMAL 5.C.GOVINDAN 6.CHINNAPAPPA .. PETITIONERS IN W.P.NO.124 OF 2009 G. PALANI PRESIDENT NATIONAL EMPLOYEES UNION (INTUC) VELORE ...PETITIONER IN W.P.1244/09 R. VENKATESAN DISTRICT PRESIDENT NATIONAL GENERAL WORKERS FEDERATION KANCHEEPURAM ...PETITIONER IN W.P.4417/09 K. LOGANATHAN ED CMPU LTD., ERODE - 638 316 ...PETITIONER IN W.P.4772/09 T. RAMALINGAM ...PETITIONER IN W.P.5102/09 1.G. ARUMUGAM 2. V. PANEERSEVAM ...PETITIONER IN W.P.7440/09 T.R. DURAIRAJ ...PETITIONER IN W.P.8298/09 L. PONNURANGAM ...PETITIONER IN W.P.8324/09 R.K. JAYANTHI ...PETITIONER IN W.P.8787/09 G. SUGUNARANI ...PETITIONER IN W.P.9091/09 C. ARUNACHALAM ...PETITIONER IN W.P.9432/09 https://hcservices.ecourts.gov.in/hcservices/ S. MOHAN ...PETITIONER IN W.P.10056, 10058/09 K. RAJAMANI ...PETITIONER IN W.P.10695/09 S. KARTHIKEYAN ...PETITIONER IN W.P.19831/09 S. SETHURAMAN E-2665C MUTLUR PRIMARY AGRICULTURAL CO OPERATIVE CREDIT SOCIETY LTD CUDDALORE DISTRICT ...PETITIONER IN W.P.14171/09 E.P. KARUPPANAN ...PETITIONER IN W.P.14233/09 N. SUBRAMANI ...PETITIONER IN W.P.14303/09 K. MURUGASAMY ...PETITIONER IN W.P.14710/09 S. MEERA ...PETITIONER IN W.P.16876/09 R. SOLOMON ...PETITIONER IN W.P.19748/09 S. GANESAN ...PETITIONER IN W.P.20761/09 S. RAJAGOPAL ...PETITIONER IN W.P.21335/09 P. VELMURUGAN ...PETITIONER IN W.P.21527/09 SENTHILATHIPAN ...PETITIONER IN W.P.21621/09 S. GANAPATHY ...PETITIONER IN W.P.22263/09 K. SRINIVASAN ...PETITIONER IN W.P.22594/09 S. SIVAKUMAR ...PETITIONER IN W.P.24800/09 Vs. 1. THE CHIEF EXECUTIVE OFFICER, TAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARD, KURALAGAM, CHENNAI-600 108. 2. THE ASSISTANT DIRECTOR, TAMIL NADU KHADI AND VILLAGE INDUSTRIES BOARD, TIRUVANNAMALAI. 3. DISTRICT REVENUE OFFICER, COLLECTORATE, TIRUVANNAMALAI DISTRICT. .. RESPONDENTS IN W.P.NO.124 OF 2009 1. THE DIRECTOR OF SUGAR 690 ANNA SALAI NANDANAM, CHENNAI-35 2. THE SPECIAL OFFICER VELLORE CO -OPERATIVE SUGAR MILL SUGAR MILL POST AMMUNDI VELORE DISTRICT -632519 ...RESPONDENTS IN W.P.1244/09 https://hcservices.ecourts.gov.in/hcservices/ 1 THE SECRETARY INDUSTRIES DEPARTMENT STATE OF TAMILNADU FORT ST.GEORGE CHENNAI. 2 THE JOINT REGISTRAR/ SPECIAL OFFICER I/C MADURANTAKAM COOPERATIVE SUGAR MILLS PADALAM KANCHEEPURAM DISTRICT-603308. 3 DIRECTOR OF SUGAR/ COMMISSIONER OF SUGAR 690 ANNA SALAI NANDANAM CHENNAI-35. ...RESPONDENTS IN W.P.4417/09 1 THE COMMISSIONER MILK PRODUCTION AND DAIRY DEVELOPMENT MADAVARAM MILK COLONY CHENNAI -51 2 THE GENRAL MANAGER ERODE DISTRICT ERODE DISTRICT CO- OPERATIVE MILK PRODUCERS UNION LTD ERODE. ...RESPONDENTS IN W.P.4772/09 1 THE CHAIRMAN COMMON CADRE AUTHORITY/JOINT REGISTRAR OF COOP. SOCIETIES PERAMBALUR REGION PERAMBALUR. 2 THE SPECIAL OFFICER TY.SPL.98 MARUDHUR PRIMARY AGRICULTURAL CO- OP BANK MARUDHUR POST PONPARAPPI VIA UDAYARPALAYAM TALUK ARIYALUR DISTRICT. 3 THE DOMESTIC ENQUIRY OFFICER O/O. TY.SPL.98 MARUDHUR PRIMARY AGRICULTURAL CO-OP BANK MARUDHUR POST PONPARAPPI VIA UDAYARPALAYAM TALUK ARIYALUR DISTRICT. ...RESPONDENTS IN W.P.5102/09 1 THE REGISTRAR OF CO-OP SOCIETIES (HOUSING) CHENNAI -600 020 2 THE DEPUTYH REGISTRAR OF COOPEATIVE SOCIETIES (HOUSING) SALEM SALEM DISTRICT 3 THE KADAYAMPATTI WOMENS URBAN COOPERATIVE HOUSING SICIETY LTD SLM/HSG 98 REP. BY ITS PRESIDNET CHINNATHIRUPATHI KARUVALLI POST OMALUR TALUK SALEM DISTRICT ...RESPONDENTS IN W.P.7440/09 https://hcservices.ecourts.gov.in/hcservices/ 1 THE SPECIAL OFFICER T.1453 PARAVAKOTTAI PRIMARY AGRICULTURAL COOPERATIVE BANK LTD PARAVAKOTTAI MANNARKUDI TK THIRUVARUR DT. 2 THE DEPUTY REGISTRAR COOPERATIVE SOCIETIES MANNARKUDI. 3 THE REGISTRAR COOPERATIVE SOCIETIES MANNARKUDI THIRUVARUR DT. ...RESPONDENTS IN W.P.8298/09 THE MANAGING DIRECTOR THE PONDICHERRY STATE COOP. BANK POST BOX NO.34 271/2 GRR ZONE 1 ST FLOOR MARAIMALAIADIGAL SALAI PONDICHERRY. ...RESPONDENT IN W.P.8324/09 1 THE JOINT REGISTRAR OF COOP SOCIETIES COIMBATORE REGION COIMBATORE 641 018 2 NO. CC2414 PRICOL EMPLOYEES COOP THRIFT AND CREDIT SOCIETY LTD REP. BY ITS SPEICAL OFFICER METTUPALAYAM ROAD PERIANAICKENPALAYAM COIMBATORE 641 020 3 R. PALANI THE THEN SPECIAL OFFICER NO. CC 2414 PRICOL EMPLOYEES COOP THRIFT AND CREDIT SOCIETY LTD METTUPALAYAM ROAD COIMBATORE 6411111 020 4 T. THIRUNEELAKANDAN ADVOCATE/DOMESTIC ENQUIRY OFFICER NO. 176/3 RENAISANCE TERRCE THIRUGNANASAMBANDAR ROAD RCE COURSE COIMBATORE 6411 0-18 ...RESPONDENT IN W.P.8787/09 1 THE DEPUTY EGISTRAT OF CO-OPERATIVE SOCIETY MARKET ROAD POLLACHI COIMBATORE DISTRICT 2 THE SPECIAL OFFICER K 1312 VALPARAI CO-OPETIE URBAN BANK LTD VALPARAI 642 127 COIMBATORE DISTRICT ...RESPONDENTS IN WP.9091/09 https://hcservices.ecourts.gov.in/hcservices/ 1 THE DEPUTY REGISTRAR OF CO-OP SOCIETIES, ARIYALUR CIRCLE ARIYALUR ARIYALUR DISTRICT. 2 THE SPECIAL OFFICER AZHAGAPURAM PRIMARY AGRICULTURAL CO-OP BANK AZHAGAPURAM UDAYARPALAYAM TALUK, ARIYALUR DISTRICT. 3 THE ENQUIRY OFFICER O/O. AZHAGAPURAM PRIMARY AGRICULTURAL CO-OP BANK AZHAGAPURAM UDAYARPALAYAM TALUK ARIYALUR DISTRICT. ...RESPONDENTS IN WP.9432/09 1 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES (HOUSING) CHENGALPATTU - 603 001. 2 THE ENQUIRY OFFICER/ COOPERATIVE SUB REGISTRAR (HOUSING) OFFICE OF THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (HOUSING), CHENGALPATTU - 603 001. ...RESPONDENTS IN WP.10056 to 10058/09 1 THE DEPUTY REGISTRAR OF CO-OP SOCIETIES, POLLACHI CIRCLE, POLLACHI. 2 THE DEPUTY REGISTRAR OF CO-OP SOCIETIES COIMBATORE CIRCLE COIMBATORE. 3 THE SPECIAL OFFICER SENJEVI MALAYADIPALAYAM FARMERS SERVICE CO-OP SOCIETY, SENJERI MALAYADIPALAYA, SULTHANPET COIMBATORE. (R3 IMPLEADED AS PER ORDER DT 9/12/09 IN MP 3/09 IN WP 10695/09) ...RESPONDENTS IN WP.10695/09 1 THE JOINT REGISTRAR OF COOP. SOCIETIES, ERODE REGION ERODE ERODE DISTRICT. 2 THE SPECIAL OFFICER N.2683 BHAVANIKUDAL COOP. URBAN BANK LTD. BHAVANI, ERODE DISTRICT. ...RESPONDENTS IN WP.19831/09 https://hcservices.ecourts.gov.in/hcservices/ 1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES KILPUAK CHENNAI 600 010 2 THE JOINT REGISTRAR OF CO-OPERTIVE SOCIETIES CUDDALOE CUDDALORE DISTRICT 3 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES CUDDALORE CUDDALORE DISTRICT 4 THE SPECIAL OFFICER E-2665 - C MUTLUR PRIMARY AGRICLTURAL CO- OPERTIVE CREDIT SOCIETY LTD CHIDAMBARAM TALUK CUDDALORE DISTRICT ...RESPONDENT IN WP.14171/09 1 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES ERODE REGION ERODE. 2 THE COOPERATIVE SUB REGISTRAR/ THE SPECIAL OFFICER ELAVAMALAI PRIMARY AGRL. COOP. BANK LTD, KALINGARAYANPALAYAMPUDUR BHAVANI, ERODE DISTRICT. 3 THE ENQUIRY OFFICER ELAVAMALAI PRIMARY AGRL. COOP. BANK LTD KALINGARAYANPALAYAMPUDUR BHAVANI ERODE DISTRICT. ...RESPONDENT IN WP.14233/09 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES/CHAIRMAN COMMON CADRE SERVICES OF THE PRIMARY AGRICULTURAL CO-OP. SOCIETIES BANKS, VELLORE REGION VELLORE DISTRICT. 2 R.PREM CO-OP. SUB REGISTRAR (PROSECTION) / DOMESTIC ENQUIRY OFFICER O/O. DEPUTY REGISTRAR OF CO- OPERATIVE SOCIETIES TIRUPATTUR CIRCLE VELLORE DISTRICT. ...RESPONDENTS IN WP.14303/09 1 THE DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES COIMBATORE CIRCLE COIMBATORE 641 018 https://hcservices.ecourts.gov.in/hcservices/ 2 K 1378 NATHAMPALAYAM PRIMARY COOPEATIVE BANK LTD REP. BY ITS SPECIAL OFFICER NATHAMPALAYAM, SEMMIYANALLUR POST AVANASHI TALUK TIRUPPUR DISTRICT ...RESPONDENTS IN WP.14710/09 1 THE REGISTRAR OF COOPERATIVE SOCIETIES, KILPAUK CHENNAI 10. 2 THE SPECIAL OFFICER VILLUPURAM DISTRICT CENTRAL COOP. BANK LTD NO.2 HOSPITAL ROAD VILLUPURAM 605 602. ...RESPONDENTS IN WP.16876/09 THE MANAGING DIRECTOR THE TAMILNADU COOP. MILK PRODUCERS FEDERATION LTD MADHAVARAM MILK COLONY CHENNAI 51. ...RESPONDENTS IN WP.19748/09 1 THE SECRETARY TO GOVERNMENT CO-OPERATIVE FOOD AND CONSUMER DEAPARTMENT FORT ST. GEORGE CHENNAI -600 009 2 THE REGISTRAR OF COOPERATIVE SOCITIES N.V.N. MALIGAI E.V.R. SALAI KILPAUK CHENNAI 600010 3 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES THANJAVUR. 4 THE SPECIAL OFFICER THANJAVUR CONSUMER CO-OPERATIVE WHOLESALE STORES THANJAVUR ...RESPONDENTS IN WP.20761/09 1 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (DAIRY) GOPALAPURAM KATPADI VELLORE DISTRICT-632 006. 2 THE SPECIAL OFFICER C-1388 THIRUPATHUR MILK PRODUCERS CO-OPERATIVE SOCIETY LTD. 43 ARASAMARAM STREET THIRUPATHUR VELLORE DISTRICT. ...RESPONDENTS IN WP.21335/09 https://hcservices.ecourts.gov.in/hcservices/ 1 THE JOINT REGISTRAR OF COOP. SOCIETIES PERAMBALUR REGION PERAMBALUR PERAMBALUR DISTRICT. 2 THE SPECIAL OFFICER Y.A.89 PERIYATHUKKURICHI PRIMARY AGRICULTURAL CO-OP. CREDIT SOCIETY PERIYATHUKKURICHI VILLAGE & POST UDAYARPALAYAM TALUK ARIYALUR DISTRICT. ...RESPONDENTS IN WP.21527/09 1 THE STATE OF TAMILNADU REP. BY ITS SECRETARY INDUSTRIES DEPT. FORT ST GEORGE CHENNAI. 2 THE COMMISSIONER, DEPT. OF SUGAR 696 ANNA SALAI NANDANAM CHENNAI 35. 3 THE ADMINISTRATOR CHENGALVARAYAN COOPERATIVE SUGAR MILLS PERIYASALAVAI ULUNDURPET VILLUPURAM DISTRICT. ...RESPONDENTS IN WP.21621/09 1 THE REGISTRAR OF COOPERATIVE SOCIETIES N.V.N. NATARAJAN MALIGAI KILPAUK CHENNAI. 2 THE JOINT REGISTRAR (IAAP) OF COOPERATIVE SOCIETIES N.V.N. NATARAJAN MALIGAI KILPAUK CHENNAI. 3 THE REGIONAL JOINT REGISTRAR OF CO-OP SOCIETIES SIVAGANGA SIVAGANGA DISTRICT. 4 THE DEPUTY REGISTRAR (PDS) SIVAGANGAI SIVAGANGAI DISTRICT. 5 THE SPECIAL OFFICER KEELA KANDANI PRIMIARY AGRICULTURAL COOP SOCIETY N.N.570 SIVAGANGAI SIVAGANGAI DISTRICT. 6 THE SECRETARY KEELA KANDANI PRIMARY AGRICULTURAL CO-OP SOCIETY N.N.570, SIVAGANGAI SIVAGANGAI DISTRICT ...RESPONDENTS IN WP.22263/09 https://hcservices.ecourts.gov.in/hcservices/ 1 THE DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES, NAMAKKAL. 2 S.1238, NAMAGIRIPET PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY LTD NAMAGIRIPET, RASIPURAM TALUK, NAMAKKAL DISTRICT REP. BY ITS SPECIAL OFFICER. ...RESPONDENTS IN W.P.22594/09 1 THE DEPUTY MILK COMMISSIONER COOPERATION MADHAVARAM CHENNAI 51. 2 TPD 1248 RAJANTHANGAL MILK PRODUCERS COOPERATIVE SOCIETY REP BY ITS SPECIAL OFFICER RAJANTHANGAL TIRUVANNAMALAI DT. 3 THE DEPUTY REGISTRAR (DIARY) TIRUVANNAMALAI. ....RESPONDENTS IN W.P.24800/09 W.P.No.124 of 2009 has been preferred under Article 226 of the Constitution of India praying for the issue of a writ of certiorari to call for the records on the file of the third respondent made in proceedings Na.Ka.M 3/53559/2008 dated 17.11.2008 and quash the same. W.P.NO.1244/09 The W.P.filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first and second respondent to implement the settlement dated 25.11.2008 and promote the in candicates in the respective vacancies W.P.NO.4417/09 Praying to issue a Writ of Certiorarified Mandamus calling for the records of the impugned circular dated 19.01.2006 bearing No. Rc. No. 18887/S & L2/2004 passed by 3rd Respondent and quash the same to the extent it it violative Government Order dated 17.01.2006 in Ms. No. 10, Industries (MIC-2) Department and to direct the Second Respondent to pay Good will amount to the workmen of the Madurantakam co-operative sugar mills whose names are state in the Annexure of this Petition in pursuant to the G.O. Ms. No.10 Industries (MIC-2) dated 17.01.2006. W.P.4772/09: Praying to issue a Writ of Certiorarified Mandamus calling for the records of the Ist respondent in his proceedigns Na.Ka.No.1685/No.3/2007 dated 29.06.2007 and quash the same and to https://hcservices.ecourts.gov.in/hcservices/ direct the respondents to grant notiional promotion as Assistant Manager to the petitioner as per his seniority of the year 1987 together with all monetary and other benefits. W.P.NO.5102/09: Praying to issue a Writ of Certiorari calling for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings No.Nil dated 24.01.2009 and quash the same. W.P.7440/09: Praying to issue a Writ of Mandamus forbearing the respondents their men and subordinates from inany manner intefering with the concluded settelement dated 14.07.2008 arrived at under sec. 18(1) of the Industrial Disputes ACt 1947 and consequetnly direct the respondents to continue to allow the service benefits to the petitioners herein as per the above said settlement. W.P.NO.8298/09 Praying to issue a Writ of Mandamus directing the respondent to pay petitioner forthwith all petitioner service benefits with interest at 12% per annum which have become due to the petitioner on his superannuation on 31.3.2007 in the T.1453 Paravakottai Primary Agricultural Cooperative Bank Ltd Paravakottai. W.P.NO.8324/09 Praying to issue a Writ of Certiorarified Mandamus calling for the records of the respondent in proceedings PSCB/HO/172/2006- 2007/B dated 25.7.2006 quash the same and consequently direct the respondent to appoint the petitioner as Junior Asst-cum-Cashier Grade III. W.P.NO.8787/09; Praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugend charges memorandum proceedings Dated 7/2/07 passed by the 2nd respondent and quash the same as null and void and consequently direct the Ist respondent to order for the reinstatemet of the petitoner subject to de-nova dismciplinary action by the competent authority in accordance with law https://hcservices.ecourts.gov.in/hcservices/ W.P.NO.9091/09: Praying to issue a Writ of Certiorarified Mandamus calling for the ecords pertaining to the order of the second respondent in proceedings Nil signed on 26.4.2009 and quash the same and direct the respondents to reinstate the petitoner with all service benefits. W.P.NO.9432/09: Praying to issue a Writ of Mandamus forbearing the respondents from conducting Domestic Enquiry on the basis of the Resolution said to have been passed by the 3rd respondent in Resolution No.2, dated 6.4.2009. W.P.NO.10056 TO 10058/09 Praying to issue a Writ of Certiorari to call for the records in pursuant to the Impugned order issued by the 1st Respondent in proceeding Na.Ka.1497/2008/(W.P.10056/09) Na.Ka.No.1498/2008(W.P.10057/04) Na.Ka.1496/08(W.P.10058/09)"U" dated 20.10.2008 and quash the same. W.P.10695/09:- Praying to issue a writ of certiorai calling for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings No.Tha.Thi10/09 Sa.Pa.-1 dt.25.5.2009 and quash the same in so far relates to petitioner s concerned. W.P.No.19831/2009:- Praying to issue a writ of certiorari calling for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings No. Na.Ka.2/2009 (S.O) dated 03.08.2009 and quash the same. W.P.14171 2009:- Praying to issue a writ Mandamus forbearing the respondents from reducing the pay scale of the petitioner thereby intrferring with the pay scale fixed to the petitioner by a concluded settlement arived with effect from 01.07.1997 s per sction 18(1) of the I.D. Act excpet by lawful procedures W.P.No.14233/2009:- Praying to issue a writ of Certiorari Mandamus calling for the records relating to the order dt 8.1.2004 made in Na.Ka. No.2/2003/Tha. A. issued by the 2nd respondent herein and the consequential order of appointment of the enquiry officer by the 2nd respondent in the proceedings dt. 11.5.2009 quash the same. W.P.14303/09:- Praying to issue a writ of Certiorarified Mandamus calling for the records relating to the impugned order in Na.Ka. 6710/07 Aa.1 dated 30.05.2009 passed by the 1st respondent and consequential enquiry notice dated 13.07.2009 issued by the 2nd respondent herein and quash the same and consequently direct the https://hcservices.ecourts.gov.in/hcservices/ 1st respondent to appoint independent domestic enquiry officer more specifically who does not work under the control of the 1st respondent to conduct domestic enquiry for the charges framed against the petitioner. W.P.14710/09:- Praying to issue a writ of Certiorarified Mandamus calling for the entire records relating to the impugned proceedings passed by the ist respondent in his proceedngs Thanda Theervai No.3 /2007 Sa.Pa 1 dated and signed on 05.08.2008 but sent only on 25.05.2009 and served on the petitioner on 29. 05.2009 and quash the same and consequently direct the ist respondent to conduct de- novo enquiry under sec. 87 of the Tamilnadu Cooperative Societies Act by Providing opportunity to the petitioner to defend his charges by furnishing the relied documents applied for on 19.01.2008 and 19.3.2008 and to decide the case on merits and in accordance withlaw. W.P.16876/09:- Praying to issue a writ of Mandamus directing the 2nd respondent to permit the petitioner to participate in the written examination to be held on 22.8.2009 at kamaraj Municipal Higher Secondary School Villupuram or any other subsequent date for the post of Assistant in the 2nd respondent bank in terms of the circular issued by the 1st respondent having reference No.Rc. 77915/2003 SF.4 circular No. 19/2007 dt 24.8.2007 and consider the petitioner as eligible for the post of Assistant without being declared as over aged for the post of Assistant. W.P.19748/09:- Praying to issue a writ of Certiorarified Mandamus to call for the records and to quash the dismissal order in Ref. No. 20953/Pers-IR.2/94 dt 3.1.1996 on the file of the respondent and also directing the respondent to disburse the retirement benefits from 30.11.1994 allowance due to the petitioner from 1.12.1994 to 3.1.1996 with interest. W.P. 20761/09:- Praying to issue a writ of Mandamus directing the respondents to regularize the service of the petitioner. W.P.No.21335 of 2009:- Praying to issue a Writ of Certioarified Mandamus to call for the records issued in No.Nil dated 07/03/2007 issued by the second respondent and quash the same and to direct the respondents to settle the retirement benefits due to the petitioner payable on the date of retirement dated 31/12/2005 along with interest. W.P.No.21527 of 2009:- Praying to issue a Writ of Certioarified Mandamus calling for the entire records relating to the impugned order passed by the 2nd respondent in his proceedings No. Nil dated 12.09.2009 and quash the same. https://hcservices.ecourts.gov.in/hcservices/ W.P.No.21621 of 2009:-Praying to issue a Writ of Mandamus directing the 2nd and 3rd respondents to revise and re-fix the petitioners scale of pay on par with other C categorey supervisors working in the 3rd respondent sugar mill enabling the petitioner to receive the scale of pay and allowance as that of the holders of other C grade employees with effect from 27.05.2005. W.P.22263 of 2009: Praying to issue a Writ of Certiorarified Mandamus to call for the records of the impugned order dated 30.04.2008 of the 5th respondent and quash the same and direct the 5th respondent to reinstate the petitioner in service i.e. salesman and pay the requisite terms of salary and other monetary benefits from 30.04.2008 till date of reinstatement in service in the office of the 6th respondent. W.P.No.22594 of 2009: Praying to issue a Writ of Certiorari calling for the records of the 1st respondent relating to (1) Notice dt.2.9.2009 in C.E.P No.83/2009/SF and (2) Conditional Attachment Order dt.2.9.2009 in C.E.P No.83/2009/SF by the 2nd respondent and quash the same. W.P.No.24800 of 2009: Praying to issue a Writ of Certiorari calling for the entire records connected with the impugned order passed by the 2nd respondent dt 23.10.2009 and quash the same. For Petitioners : Mr.Su.Srinivasan (WP 127/09) Ms.D.Geetha (WP 1244/09) Mr.P.B.Sureshbabu (WP 4417/09) Mr.G.Jeremiah (WP 4772/09) Mr.C.Prakasam (WP 5102/09, 9432/09, 10695/09,19831/09 21527/09) Mr.V.P.Munusamy (WP 7449/09) Ms.P.V.Rajeswari(WP 8298/09) Mr.D.Naveen Durai Babu (WP 8324/09) Mr.K.Premkumar (WP 8787/09,14710/09) Mr.M.Hidayathulla Khan (WP 9091/09) Mr.S.M.Subramaniam (WP 10056 to 10058/09) Mr.K.Raja (WP 14171/09) Mr.N.Manoharan (WP 14233/09) Mr.T.Sundaravadanam (WP 14303/09) Ms.C.Uma (WP 16876/09) Ms.Na.Thara (WP 19748/09) Mr.Thanjai P.N.Chezhian (WP 20761/09) Ms.K.A.Suvetha (WP 21335/09) Mr.G.Rajan (WP 21621/09) Mr.Dalit Tiger C.Ponnusamy (WP 22263/09) Mr.K.Govindaraj (WP 22594/09) Mr.M.A.Abdul Wahab (WP 24800/09) For Respondents : Mr.R.M.Muthukumar, GA for R-3 in W.P.No.124 of 2009 https://hcservices.ecourts.gov.in/hcservices/ for R-1 in W.P.No.4417 of 2009 for RR1 and 2 in W.P.No.7440 of 2009 for RR2 and 3 in W.P.No.8298 of 2009 for R-1 in W.P.Nos.9091, 14710, 21527, of 2009 for RR1 and 2 in W.P.Nos.10056 to 10058/2009 for RR1 to 3 in W.P.Nos.14171, 20761 of 2009 for RR1 to 4 in W.P.No.22263 of 2009 for RR1 and 3 in W.P.No.24800 of 2009 Mr.V.Subbiah, Spl.G.P. For R-1 in W.P.No.1244 of 2009 for R-1 in W.P.No.5102, 8787, 9432, of 2009 for RR1 and 2 in W.P.Nos.10695, 21621 of 2009 for R-1 in W.P.Nos.19831, 14233, 14303, 16876, 21335, 22594 of 2009 Mrs.G.Thilakavathy for R-2 in W.P.Nos.1244, 4417 of 2009 for R-3 in W.P.No.21621 of 2009 Mr.C.R.Dhasarathan for R-2 in W.P.No.4772 of 2009 Mrs.V.Bhavanisubbarayan for R-1 in W.P.No.8298 of 2009 Mr.K.Rajashrinivas in W.P.No.8324 of 2009 Mr.S.Silambanan for R-2 in W.P.No.8787 of 2009 Ms.C.K.Vishnupriya for R-2 in W.P.No.9091 of 2009 Mr.V.Manoharan for R-2 in W.P.Nos.9432, 21527 of 2009 M/s.Sarvabhauman Associates for R-3 in W.P.No.10695 of 2009 Mr.S.Gopinathan for R-2 in W.P.No.19831 of 2009 Mr.M.Dhandapani for R-2 in 16876, of 2009 Mr.C.S.Saravanan for R-2 in W.P.14710 of 2009 Mr.K.Tamilvendan in W.P.No.19748 of 2009 Mr.S.Siashanmugam for R-4 in WP.20761/2009 Mr.B.K.Girish Neelakandan for R-2 in W.P.No.21335 of 2009 Mr.S.N.Ravichandran for R-6 in W.P.No.22263 of 2009 Ms.S.Anitha for R-2 in W.P.No22594 of 2009 Mr.P.Gurunathan for R-2 in WP.24800 of 2009 No appearance for R-3 in W.P.No.4417 of 2009 for R-1 in W.P.No.4772 of 2009 for RR2 and 3 in W.P.No.5102 of 2009 for R-3 in W.P.Nos.7440, 8787,9432, 14233 of 2009 for R-4 in W.P.No.14171 of 2009 for R-2 in W.P.No.14303 of 2009 for R-5 in W.P.No.22263 of 2009 https://hcservices.ecourts.gov.in/hcservices/ COMMON ORDER Except in W.P.No.124 of 2009, in all these writ petitions, the challenge is to the various orders passed by the Cooperative societies either relating to the service conditions of employees or disciplinary action taken against them or relating to the initiation of surcharge proceedings. The nature of relief claimed in each of the writ petition is briefly set out below: Sl.No . W.P.No. Relief claimed 1 W.P.No.124 of 2009 DRO letter for Revenue recovery pursuant to the order of surcharge made under section 87, dated nil. 2 W.P.No.1244 of 2009 Direct to implement the settlement by R-2 Sugar Mill (Cooperative) dated 25.11.2008 filed by the trade union. 3 W.P.No.4417 of 2009 Direct R-2 Sugar mil (Madurantakam Coop.) to pay Good will amount to workmen 4 W.P.No.4772 of 2009 TCMPF letter to Erode society – denial of promotion 5 W.P.No.5102 of 2009 PACB letter appointing Enquiry Officer (claim to be common cadre) 6 W.P.No.7440 of 2009 Not to interfere with concluded settlement under Section 18(1) of the ID Act. 7 W.P.No.8298 of 2009 Direction to pay service benefits 8 W.P.No.8324 of 2009 (Puducherry) Refusal to be appointed as Junior Assistant cum Cashier Grade III 9 W.P.No.8787 of 2009 Dismissal order by society 10 W.P.No.9091 of 2009 Suspension 11 W.P.No.9432 of 2009 Enquiry notice (not valid in terms of Ordinance 8/2008) 12 W.P.Nos.10056 to 10058 of 2009 Section 81 enquiry notice 13 W.P.No.10695 of 2009 Section 87(1) Enquiry notice 14 W.P.No.14171 of 2009 Not to interfere with concluded settlements. 15 W.P.No.14233 of 2009 No enquiry notice 16 W.P.No.14303 of 2009 Refusal to change domestic enquiry officer by society. 17 W.P.No.14710 of 2009 Section 87 Surcharge order 18 W.P.No.16876 of 2009 To participate in the examination for selection https://hcservices.ecourts.gov.in/hcservices/ 19 W.P.No.19748 of 2009 Dismissal by TCMPF 20 W.P.No.19831 of 2009 Enquiry notice 21 W.P.No.20761 of 2009 Regularisation 22 W.P.No.21335 of 2009 Refusal to settle terminal benefits 23 W.P.No.21527 of 2009 Suspension 24 W.P.No.21621 of 2009 Pay fixation by sugar mill 25 W.P.No.22263 of 2009 Termination order by society 26 W.P.No.22594 of 2009 Attachment notice by Deputy Registrar under Section 167. 27 W.P.No.24800 of 2009 Suspension 2.It must be noted that a Larger Bench of this court in K.Marappan Vs. The Deputy Registrar of Co-operative Societies, Namakkal Circle, Namakkal-636 001 and another reported in 2006 (4) CTC 689 had held that a writ petition will not lie against a Cooperative Society even if they are headed by a Special Officer appointed by the Act of State Legislature. 3.In cases where suspensions are attacked on the ground that orders of suspension do not specify the period of suspension in terms of Section 76(1) of the Act, a Full Bench of this court in A.S.Subramani Vs. Deputy Registrar of Cooperative Societies, Tindivanam Region reported in 2006 (4) CTC 444, negatived such a claim and rejected the contentions made in this regard. 4.In cases if there were denial of subsistence allowance or termination, arguments were made on the ground that it would amount to deprivation of livelihood which is akin to deprivation of liberty and thus such deprivations are protected under Article 21 of the Constitution of India. Therefore, in such cases, maintainability of writ petitions is not in doubt. Even that issue came to be considered by a subsequent Full Bench in T.K.Ananda Sayanan Vs. Joint Registrar of Cooperative Societies, Vellore Region reported in 2007 (5) CTC 1. In that case, rejecting the contentions based on Article 21, the Full Bench held that Marappan's case (cited supra) squarely covers even those cases and aggrieved persons will have to find their remedies either under the provisions of the Act or under any other enactments applicable to such employees. 5.Thereafter, in cases where terminations were sought to be made on grounds that appointments were either irregular or due to lack of qualifications, certain groups of writ petitions came to be filed stating that the Government had taken a policy decision to absorb such employees and till such time, the court must give protective orders. Even those cases came to be rejected by a Full Bench of this court in R.Radhakrishnan Vs. Deputy Registrar of Cooperative Societies, Dindigul reported in 2007 (4) LLN 868. https://hcservices.ecourts.gov.in/hcservices/ 6.In W.P.Nos.7440 of 2009 and 14171 of 2009, the prayer is not to interfere with the concluded settlements signed under Section 18(1) of the Industrial Disputes Act. W.P.No.1244 of 2009 is for a direction to implement the settlement by the cooperative Sugar mill filed by the trade union. In respect of those claims, the matter has been squarely covered by a division bench judgment of this court in T.N.Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam Vs. Dy Registrar of Coop. Societies, Cuddalore and others reported in 2008 (2) LLN 236. Hence these three writ petitions are deserved to be dismissed. 7.In W.P.Nos.10056 to 10058 of 2009, the challenge is to the notice under Section 81 of the Cooperative Societies Act. Section 81 notice cannot be challenged as it is only advisory and made only for the Registrar to understand the working of the society. In case of any adverse finding against any person in the society, a further proceedings will have to be initiated in terms of civil, criminal or disciplinary action. Therefore, there is time enough for the aggrieved person to challenge as and when