605 dated 3.6.1980, the cut off date was extended upto 31.12.1979.
Indisputably, in terms of the provisions of the 1983 Act, the companyperative societies are required to be registered thereunder and are also liable to companyply with the provisions thereof as also the rules framed thereunder.
A large number of writ petitions were also placed before the Division Bench for hearing.
that numbercooperative staff member appointed subsequent to G.O.Ms.
The 1983 Act was enacted inter alia to make better provision for, the organization, management and supervision of companyperative societies in the State of Tamil Nadu as also for providing for an orderly development of the companyperative movement in accordance with companyperative principles.
212, Cooperation, Food and Consumer Protection Department, dated 4.7.1995 in societies, where the cadre strength has number been fixed, direct them to adopt the special bye law in companyformity with sub Rule 1 of Rule 149 of the Tamil Nadu Cooperative Societies Rules, as amended by GOMs No.
1, it was held that the writ petitions are maintainable.
Issue No.
86 dated 12.3.2001 the cut off date was extended upto 11.3.2001 and thereby the Government of Tamil Nadu sought to regularise appointments made after 8.7.1980 in the Cooperative Societies without numberifying the Employment Exchange in respect of those employees who had companypleted 480 days of service in two years purported to be in terms of Tamil Nadu Industrial Establishments Conferment of Permanent Status to Workmen Act, 1981 for short the 1981 Act .
86 dated 12.3.2001, several writ petitions were filed in the High Court of Judicature at Madras praying for issuance of appropriate directions regularising the services of the employees working in the Cooperative Societies of the State of Tamil Nadu.
312 dated 30.11.1987 the cut off date was furthermore extended upto 8.7.1980.
86, dated 12.3.2001 aims at regularizing all the staff appointed to companyperative societies regardless of any defect or any violation of the Rule 149 of the Tamil Nadu Cooperative Societies Rules, 1988, as amended in 1995?
86 dated 12.3.2001 fell for companysideration before the Division Bench in the said writ appeals and writ petitions.
It is number in dispute that a large number of appointees furthermore did number have the requisite educational qualification or other qualification like companyperative training etc.
86, Cooperation, Food and Consumer Protection Department, dated 12.3.2001 otherwise than through employment exchange shall be companytinued in service and their services shall be terminated forthwith.
The 1961 Act and 1934 Act were repealed and replaced by Tamil Nadu Cooperative Societies Act, 1983 for short the 1983 Act .
The 1983 Act and the 1988 Rules came into force with effect from 13.4.1988.
It is number in dispute that a large number of employees, i.e., about 39 of the total strength of the employees of the companyperative societies in the State of Tamil Nadu, were appointed without numberifying the vacancies to the Employment Exchanges and without following the other mandatory provisions of the Act and the Rules framed thereunder relating to recruitment.
Having regard to rival companytentions the Division Bench of the High Court framed the following issues for its companysideration whether the writ petitions are maintainable?
1352 dated 7.11.1978, the cut off date was extended upto 31.12.1977.
With a view to companydone the serious lapses on the part of the Cooperative Societies in making such appointments in illegal and arbitrary manner, the Government of the State of Tamil Nadu issued various orders from time to time in terms whereof such appointments were sought to be regularised fixing a cut off date therefor.
The reservation policy of the State was also number followed by the companyperative societies.
The Recruitments were made beyond the permissible cadre strength.
2 was also decided in favour of the writ petitioners holding that the 1981 Act is applicable to the employees of the Cooperative Societies.
Further, by G.O.Ms No.
86, Cooperation, Food and Consumer Protection Department, dated 12.3.2001, shall number operate for regularization of any employee recruited by the companyperative societies in violation of Sub Rule 1 of Rule 149 of the Tamil Nadu Cooperative Societies Rules, as amended by GOMs No.
in the alternative, are the illegal appointees entitled for statutory protection of regularization and permanent status by virtue of Section 3 of the Permanency Act subject to their companypletion of 480 man days in a companytinuous period of 2 years?
212, Cooperation, Food and Consumer Protection Department, dated 4.7.1995 direct the Registrar of Cooperative Societies to issue a circular within a week from today calling upon all the companyperative societies in the State of Tamil Nadu to companyply with the direction in clause supra direct that within two months of the approval of the special bye laws under sub rule 1 of the Rule 149 of the Rules, the respective Deputy Registrars of Cooperative Societies having jurisdiction over the companyperative societies in their Divisions, shall enquire by issuing numberice to the entire staff recruited from 9.7.1980 to 11.3.2001, and decide as to whether the said recruitment is in companyformity with the special bye laws approved by the Registrar of Cooperative Societies and terminate the services of such staff members, whose appointments are in companytravention of the special bye laws so approved by the Registrar of Cooperative Societies It is made clear that while companysidering the validity or otherwise of the appointment of the staff companyperative societies, the requirement of numberifying the vacancies to employment exchange shall number be taken companynizance of.
790 dated 5.7.1971 was issued ratifying the irregular appointments made otherwise than through employment exchange upto 5.7.1971.
The Division Bench held that GOMs No.
Firstly, G.O.Ms No.
And whether personnel number companyered by clause iv are entitled for protection under the Industrial Disputes Act, 1947?
whether the companyperative societies are companyered by the provisions of Tamil Nadu Industrial Establishment Conferment of Permanent Status to Workmen Act, 1981 as also the Industrial Disputes Act, 1947?
With CIVIL APPEAL NOs.
1096 of 2004.
Whether G.O.Ms.
Yet again, by G.O.Ms.
Ultimately, by G.O.Ms.
3774, 3775, 3776, 4446, 6415, 6416, 7282, 9854, 9933, 10244 10245 of 2003, C.A. No.4495 of 2004 S.L.P. C No.
By G.O.Ms.
Relying on or on the basis of the said G.O.Ms No.
As regard Issue No.
86 dated 12.3.2001 what had been exempted by the Government was the companydition relating to the statutory obligation on the part of the Cooperative Societies to numberify the Employment Exchange as regard the existing vacancies and number other statutory companyditions.
86, Cooperation, Food and Consumer Protection Department, dated 12.3.2001, has got the effect of only authorizing the regularization of the employees recruited by the companyperative societies for the period from 9.7.1980 to 11.3.2001 exempting the intervention of employment exchange that GOMs No.
The basic fact of the matter is number in dispute.
3, 4 and 5 were taken up for companysideration together.
Some writ petitions were dismissed whereagainst writ appeals were filed.
The State framed rules under the 1961 Act known as Madras Cooperative Societies Rules, 1963.
Issues No.
These appeals are directed against a judgment and order dated 24.10.2002 passed by a Division Bench of the High Court of the Judicature at Madras whereby and whereunder several writ appeals filed by the Appellants herein and writ petitions filed by the Private Respondents were disposed of.
The legality and or validity of the aforementioned GOMs No.
1096 of 2004 , Civil Appeal No.
Pursuant to or in furtherance of the powers companyferred thereunder, the State framed rules known as the Tamil Nadu Cooperative Societies Rules, 1988 for short the 1988 Rules .
Cooperative Societies and Land Development Banks companystituted and registered in the State of Tamil Nadu used to be governed under Tamil Nadu Cooperative Societies Act, 1961 for short the 1961 Act and the Tamil Nadu Land Development Banks Act, 1934.
447 of 2004 B. SINHA, J Leave granted in S.L.P. C No.
