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2017 (1) TMI 1756 - HC - Indian LawsValidity of G.O. Ms. No. 186 Co-operation Food & Consumer Protection Department dated 16.08.2000 - review of common order - seeking direction to respondents to allow the salary and other allowances including terminal benefits in terms of the concluded settlement under Section 12(3) of the Industrial Disputes Act 1947 - HELD THAT:- Tamil Nadu Co-operative Societies Rules, 1988, have been framed in exercise of powers conferred by sub-section (1)(2) & 3 of Section 180 of Tamil Nadu Co-operative Societies Act, 1983 [Tamil Nadu Act 30 of 1983] and in supersession of all the Rules made under Tamil Nadu Co-operative Societies Act, 1961 [Tamil Nadu Act 53 of 1961) and under the Tamil Nadu Co-operative Land Development Banks, 1934 (Tamil Nadu Act X of 1934). Rule 149 of the Tamil Nadu Co-operative Societies Rules, 1988, sets out the conditions of service etc. of paid officers and servants of societies - While framing Rule 149, Government have dealt with cadre strength, classification of various categories of posts, qualifications required thereof, for each post, method of recruitment, minimum time scale of pay, the authorities competent to impose punishment etc., Bare reading of Rule 149, as it stood in 1988, in our view, does not indicate that the government have conferred any right on the society, to fix time scale of pay to any post, classified in Rule 149. From 1995 onwards, every society was mandated to frame, special bye-laws, with the prior approval of the Registrar of the Co-operative society. Subsequently, Rule 149(1) has been amended by G.O.(Ms). No. 373, Cooperation, Food and Consumer Protection (CJ1) Department, dated 29.10.2002, by which the expression in Rule 149(1) "with the prior approval of the Registrar", has been substituted with the expression "with the prior approval of the Government" - Thereafter, Rule 149(1) of the Tamilnadu Co-operative Societies Rules, 1988, underwent another amendment in G.O.(Ms). No. 251, Co-operation, Food and Consumer Protection (CJ1) Department dated 07.08.2007, restoring the original position that the expression "with the prior approval of the Government", would be substituted, "with the prior approval of the Registrar". Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, [2008 (1) TMI 986 - MADRAS HIGH COURT] has been decided, considering the objects of the Co-operative Societies Act, 1983, rules made thereunder, directions issued by the Government from time to time, on the aspect of framing of special bye-laws for the purpose of classification of posts, scale of pay, etc., and taking note of the vital factors, nature of business, volume of transaction and financial position of the society - Analysising the judgment of Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, we are of the considered opinion that Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, has laid down the law to be followed, as a precedent and the observations made therein, cannot be said to be obiter dicta and therefore, the contention to the contra, are not tenable. Thus, merely because, at paragraph No. 10 of the common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, [2008 (9) TMI 1020 - MADRAS HIGH COURT] the Hon'ble Division Bench has used the expression, "with prior approval of the State Government" and not "with the prior approval of the Registrar", that would not give rise to a cause for review and set aside the common order, made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008. Usage of the expression, "with the prior approval of the Government" could have been made, due to an inadvertent typographical mistake. Typographical mistake, if any made, would not give rise to a cause to contend that the entire judgment has to be reviewed. The appellants have not made out a strong case, to review of the common order - review application disposed off.
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