Kallakurichi Taluk Co-Op.Hng.Sty.Ltd vs M.Maria Soosai & Ors

3. In order to appreciate the submissions made on behalf of the respective parties and the relief prayed for in the appeal, it is necessary to briefly set out the facts leading to the filing of the writ petition before the High Court. 4

4. There is no dispute that the Respondent No.1, M. Maria Soosai, was appointed as an Accountant in the Appellant Society on 9th March, 1984. From 22nd July, 1990, the Respondent No.1 failed to report for duty without permission and without submitting any leave application. Consequently, the said Respondent was treated to have resigned from service as per the Bye-laws of the Appellant Society and in accordance with Rule 149(10)(1) of the Tamil Nadu Co-operative Societies' Rules, 1988, hereinafter referred to as `the 1988 Rules'. On 29th March, 1995, after a lapse of about 5 years, the Respondent No.1 raised a dispute before the Labour Court at Cuddalore, being I.D. No.44 of 1995, questioning the decision of the Appellant Society to treat him as having resigned from service since 1990.

6. On being reinstated in service by the order of the Respondent No.3 dated 7th September, 1995, the Respondent No.1 was relieved from his duties under the Appellant Society and was asked to join in the Vijayapuram Co-operative House Building Society. The Respondent No.1 thereupon joined the services of the Vijayapuram Co-operative House Building Society on 11th September, 1995, and worked there till 7th January, 1996. From 8th January, 1996, after having barely worked for about four months, the Respondent No.1 again failed to report for work with the Vijayapuram Co-operative House Building Society. Thereafter, on 24th February, 1997, a Resolution was adopted by the Board of Directors of the Vijayapuram Co-operative House Building Society, Chinna Salem, and by Resolution 7 it was resolved that the Respondent No.1 be sent back to his parent society on account of his failure to report for work from 8th January, 1996 to 24th February, 1997, without any prior intimation and 8 without applying for leave. It was also noted that within a short tenure of four months service, the Respondent No.1 had obtained consumer loan of Rs.20,990/- in respect whereof there were outstanding dues of Rs.19,900/-. Furthermore, he had also obtained Rs.1,500/- towards festival advance. The said Resolution was duly confirmed by the President of the Vijayapuram Co-operative House Building Society on 24th February, 1997. 9

7. On 30th September, 2000, the Respondent No.1 filed Writ Petition No.17237 of 2000 for a direction upon the Respondents therein to issue an order of appointment to him to a suitable post in the Appellant Society or Sankarapuram Taluk Co- operative Housing Society, pursuant to the order passed by the Registrar (Housing) on 27th September, 1995, and also the order of the Respondent No.3 dated 11th August, 1995, and for providing all salaries and other benefits from 2nd November, 1990. The said writ petition came to be dismissed on 9th January, 2003, on the ground that the Respondent No.1 in his writ petition suppressed the fact that he had joined his duties under the Vijayapuram Cooperative House Building Society pursuant to the order passed by the Respondent No.3 on 7th September, 1995.

18. Even after he was released from the Vijayapuram Society on 24th February, 1997, the Respondent No.1 remained silent till 30th September, 2000, when he filed Writ Petition No.17237 of 2000 for a direction upon the Respondents therein to appoint him to a suitable post in the Appellant Society or the Sankarapuram Taluk Co-operative Housing Society pursuant to the order passed by the Registrar (Housing) on 27th September, 1995. Despite the maximum latitude shown to him by allowing him to rejoin his duties in the Appellant Society on 6th December, 2007, the Respondent No.1 again failed to report for work from 16th February, 2009, as a result he was placed under suspension and a domestic enquiry was conducted in which he was found to be guilty of the charges brought against him.

19. The Division Bench of the High Court does not appear to have considered the events which occurred after the Respondent No.1 was reinstated in service on 7th September, 1995, to the effect that the Respondent No.1 had again failed to report for work from 8th January, 1996 till 24th February, 1997, when a direction was given by the Division Bench to the Registrar (Housing) to consider the appointment of the Respondent No.1 in the Appellant Society. The fact that thereafter, on account of his failure to report for duties for more than one year from 8th January, 1996, the Respondent No.1 was once again deemed to have resigned from the services of the Society under Rule 149(10)(1) of the 1988 Rules, appears to have been overlooked by the High Court. The Division Bench of the High Court does not also appear to have taken into consideration the fact that the Respondent No.1 remained silent till 30th September, 2000, when he filed Writ Petition No.17237 of 2000 for a direction for his 25 appointment and that despite being allowed to rejoin his duties in the Appellant Society on 6th December, 2007, the Respondent No.1 again failed to report for work from 16th February, 2009, as a result of which he was placed under suspension and a domestic inquiry was conducted.

23. In the circumstances, we allow the appeal in part and modify the order of the Division Bench of the High Court in Writ Appeal No.3748 of 2004, by directing that the Respondent No.1 will be entitled to full wages only for the period between 6th December, 2007 and 15th February, 2009, and other 28 connected benefits, if any. As far as payment of full salary for the period under suspension undergone by the Respondent No.1 during which period he was being paid subsistence allowance is concerned, the same will depend on the final order to be passed in the disciplinary proceedings already initiated against the Respondent No.1.

24. The appeal is disposed of in the above terms. There will, however, be no order as to costs.