A single-judge bench of the Madras High Court comprising of Justice Abdul Quddhose, in a very brief order, opined that when the petitioners approach the Court only on the ground of violation of principles of natural justice, on a prima facie consideration, the Court must consider the writ petitions as maintainable.
Brief Facts:
The petitioner has been working with the respondents from 2021 onwards, and their appointments have been canceled on the grounds that their appointments have been made in violation of the Special Rules of the respondents by the impugned order dated 04.01.2023.
In the impugned orders, the Proceedings dated 01.02.2022, as well as the enquiry report dated 04.08.2022 submitted under Section 81 of the Tamil Nadu Co-operative Societies Act, 1983, have been referred.
The petitioners have challenged the impugned orders issued by the third respondent on January 4, 2023, which annul the petitioners' appointments.
Contentions of the Petitioner:
Petitioner contended that their appointment orders had been cancelled arbitrarily and illegally.
They were only appointed in the year 2021 after being properly chosen for the relevant posts in accordance with a recruitment Notification. The petitioners categorically contend that their certificates were duly verified, and the respondents issued the appointment orders only after that.
The petitioners added that under Rule 21 of the Special Bye-Laws of the Corporation, which governs the procedure for terminating employees, the competent authority must provide the employees with notice of three months or one month's duration before termination. However, no notification was given to the employees in this instance. The petitioners categorically contend that neither the Proceedings dated 01.02.2022 nor the enquiry report dated 04.08.2022 was brought to the petitioners' knowledge. Still, despite the same arbitrarily, the impugned order has been passed terminating their services.
Contentions of the Respondent:
The respondent submitted that the petition is not maintainable since the petitioners were required to file a statutory appeal by the terms of the Tamil Nadu Co-operative Societies Act, 1983.
Observations of the Court:
The court observed that since the petitioners have approached this Court only on the ground of violation of principles of natural justice and, therefore, on a prima facie consideration, this Court is of the view that these writ petitions are maintainable.
Decision:
The Court has passed the order of interim stay of the impugned orders.
Case Title: D Elumalai v. The Commissioner of Milk Production and others
Coram: Abdul Quddhose, J.
Case No: WP No. 815 of 2023
Read Order ;
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(With input from news agency language)
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