Date:19/02/2003 URL: http://www.thehindu.com/2003/02/19/stories/2003021904381300.htm

National

T.N. move to retrench coop. workers challenged

By J. Venkatesan

NEW DELHI Feb. 18. The decision of the Tamil Nadu Government to retrench some 10,000 employees of various cooperative societies recruited between July 1980 and March 2001 has been challenged in the Supreme Court.

A Bench, comprising Justice Brijesh Kumar and Justice D.M. Dharmadhikari, admitted a special leave petition filed by A. Umarani against a judgment of the Madras High Court.

It directed that `status quo' shall be maintained insofar as the petitioner was concerned and ordered notice to the State Government.

The petitioner and thousands of other employees had contended before the High Court that the State Government passed an order on 12th March, 2001, directing regularisation of all personnel appointed to the cooperative societies who had completed 480 days in service in a continuous period of two years. But contrary to this G.O., there was a move now to retrench them.

On behalf of the Tamil Nadu Government, it was submitted that when the initial appointment itself was illegal, no right accrued to them either under the Permanency Act of 1981 or the Industrial Disputes Act.

The High Court dismissed the writ petitions, with a direction that the concerned cooperative societies make proper enquiries by issuing individual notice to the entire staff and decide whether their recruitment was in conformity with the rules and laws.

The special leave petition by Ms. Umarani was directed against this judgment.

T. Raja, counsel for the petitioner, submitted that several important questions of law, including whether the petitioners who had completed 480 days of service were entitled to have the protection and whether the G.O. could be overruled, had to be decided by the Apex Court.

He sought the setting aside of the impugned judgment and interim stay of its operation till the disposal of the SLP.