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(2007) 3 MLJ 164 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : K. Chandru, J.
Case Number(s) : W.P. Nos. 40249 and 42041 of 2006
Judgement Date :
Friday 23rd of March 2007
| A. Asokan | .....Appellant(s) | | Versus | | | The II 558 Kudhiraichandal Primary Agricultural Co-op. Bank Ltd., rep. By its Special Officer, Kudhiraichandal and Another | .....Respondent(s) |
(A) Service Law Subsistence Allowance Tamil Nadu Co-operative Societies Act (1983), Section 75 G.O. Ms. No. 55 Co-operation, Food and Consumer Protection Department dated 24.3.2000 Regulation 29(d) Payment of Subsistence Allowance Act (1981), Section 2(a) Petitioner, Secretary of Society Disciplinary proceedings Petitioner not paid subsistence allowance Petitioners eligibility to get subsistence allowance, question of Petitioner belonging to Common Cadre Service Such cadre not provided for under Payment of Subsistence Allowance Act since Secretary of Society not employee under Payment of Subsistence Allowance Act, petitioner not eligible for subsistence allowance under said Act Government aware of provisions of Payment of Subsistence Allowance Act, held, when it framed Regulation 29(d) Said Regulation stating, as per provisions of Payment of Subsistence Allowance Act, cadre employees entitled for subsistence allowance Though Payment of Subsistence Allowance Act does not apply to cadre of Secretaries, still Government wanted to adopt rates provided under said Act Hence it is a case of incorporation of an earlier legislation into a later legislation The later legislation with incorporated provisions of earlier Act constitutes an independent legislation Respondent-Society, hence, to pay subsistence allowance to petitioners till completion of enquiry, in terms of rates provided under TNPSA Act.
(B) Constitution of India (1950) Articles 226, 21 Writ Petition against Co-operative Society Maintainability Tamil Nadu Co-operative Societies Act, 1983 Petitioner, Secretary of Society Seeking payment of subsistence allowance during period of enquiry, by filing writ petition Held by Courts in a catena of cases non-payment of subsistence allowance amounts to deprivation of liberty under Article 21 of the Constitution Co-operative Societies Act, special law, provides for mechanism for recovering subsistence allowance But petitioner belongs to common cadre, cannot move machinery under said Act As per High Court decision in K. Marappan v. Deputy Registrar of Co-operative Societies, Namakkal, 2006 (4) CTC 689: (2006) 4 MLJ 641 normally writ petition not maintainable against Co-operative Societies, but there are exceptions When Society has a statutory duty and there is violation of such statutory duty, writ would be issued Writ petition by petitioner, hence, maintainable.
(C) Statutes Rule of Construction Provisions of earlier Act incorporated into later Act Later Act along with incorporated provisions would constitute an independent legislation Said incorporated provisions would not be modified or repealed when earlier Act modified or repealed Said legislation distinguished from referential legislation.
Service Law Constitution of India (1950) Article 226 Show cause notice asking petitioner to submit his explanation on findings of Enquiry Officer Writ petition by petitioner challenging same If petitioner aggrieved by conduct of enquiry or the findings, he can submit his explanation and wait for outcome of enquiry Court not inclined to interfere with show cause notice where no prejudice caused to petitioner.
Cases Referred
K. Marappan v. Deputy Registrar of Co-operative Societies : Namakkal [2006] 4 M.L.J. 641
Management T.P.Spl. 67 Goundanpalayam Primary Agricultural Co-operative Bank Ltd.v.Assistant Commissioner of Labour 2002 [4] CTC 339
S. Poongavanam v. Special Officer, HH 565 Kadaladi Primary Agricultural Co-operative Bank Ltd. Thiruvannamalai District MANU/TN/2655/2006
U. P. Avas Evam Vikas Parishad v. Jainul Islam AIR 1998 SC 1028
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