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TMI Blog2008 (1) TMI 986X X X X Extracts X X X X X X X X Extracts X X X X ..... nts to cancel the 18(1) settlement based on which higher scales of pay was fixed and paid to the members of the appellants and also to recover such payments already made. 2. Before the learned single Judge, the appellants relied upon the earlier Division Bench decision of this Court reported in 1992 1 LLJ 747 (Thiruchirapalli Hiruthayapuram Co-op. Bank Employees Union Etc. v. Joint Registrar of Cooperative Societies, Thiruchirapalli etc.) The learned single Judge, however, held that the issue was really covered by the order dated, 1.10.2007 passed in W.P. No. 6189 of 2005 etc. The learned single Judge chose to rely upon the recent decision of the Hon'ble Supreme Court reported in JT 2007 (2) SC S66 (Ghaziabad Zilla Sahkari Bank ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Registrar to give directions in public interest and contended that such power once exercised by the Registrar and directions issued, the Cooperative Societies concerned are bound by such directions. The learned Government Pleader also brought to our notice Rule 149 of the Tamil Nadu Co-operative Societies Rules, 1988 (for short Rules 1988) and contended that the conditions of service of paid officers and servants of the Societies were all matters to which the Registrar was empowered to exercise his jurisdiction under Section 181 of the Act 1983 and issue necessary directions. 6. The learned Government Pleader brought to our notice such direction issued by the Registrar of Co-operative Societies under Section 181 of the Act 1983 dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to this Court under Article 226 of the Constitution of India. In contrast, Mr. A.L. Somayaji, learned counsel appearing for the petitioners in some of the writ petitions would submit that the process under the Act is not excluded in a contingency like the present one. We make it clear that we are not in the field of making any suggestion as to what exactly is the process in law the respondents should resort to to delete the settlements, if there are grounds Justifying the same . It is sufficient if we take note that by the impugned proceedings that result could not be achieved. The impugned proceedings are incompetent and without jurisdiction. When we view the question from the above angle, we have no other alternative, but to countenanc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strar to give directions is the public Interest, etc. - (1) Where the Registrar is satisfied that in the public interest or for the purpose of securing proper implementation of co-operative production and other development programmes approved or undertaken by the Government or to secure the proper management of the business of any class of registered societies generally, or for preventing the affairs of any registered society being conducted in a manner detrimental to the interests of the members of the depositors or the creditors thereof, it is necessary to issue directions to eny class of registered societies generally or to any registered society or registered societies in porticular he may by order issue directions to them from ti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e-law, with prior approval of the Government, and such special bye-law should prescribe inter alia the service conditions of its employees, scale of pay and allowances etc. for each such post. 11. In fact, it was brought to our notice that by G.O. Ms. No. 289, dated 18.12.1998 a Committee was constituted to revise the scale of pay and other service conditions of the employees of the co-operative banks with effect from 1.7.1997 and that subsequently, under G.O. Ms. No. 186, dated 16.8.2000 such revision in scales of pay of different posts came to be prescribed with effect from 1.7.1997 to be in operation for a period of five years. Therefore, it can be safely concluded that the provisions contained in the 1983 Act as well as the Rules fra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ct or unwieldy and any of the registered societies should not be allowed to be closed due to dearth of funds by mismanagement. Therefore, the constitution of the Committee for formulating the common wage structure for the employees of the registered Co-operative Societies by G.O. Ms. No. 289, dated 18.12.1998 and the subsequent G.O. Ms. No. 186, dated 16.8.2000 were all in furtherance of the fulfilment of the above objective of the State Government. 14. In the light of the above factors, we are convinced that the orders impugned in the writ petitions issued by the first respondent directing the respective co-operative societies to cancel the settlements which came to be arrived in contravention of the directions issued by the Registrar o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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