Case Note & Summary
The dispute arose from a writ petition filed by the first respondent seeking settlement of his terminal benefits after resigning from his position as Junior Assistant on 11.01.2019. The Tamil Nadu Co-operative Federation, the appellant, contested the maintainability of the writ petition, arguing that the first respondent was not an employee of the Federation and that the settlement of terminal benefits should follow the procedures outlined in the Act and Rules. The first respondent contended that the non-settlement of his benefits violated his rights under Article 21 of the Constitution. The court analyzed the arguments, referencing the larger bench judgment in K. Marappan v. The Deputy Registrar of Co-operative Societies, which clarified that cooperative societies are not 'State' under Article 12, and thus, service-related grievances cannot be addressed through writ petitions. The court concluded that the writ petition was not maintainable and set aside the writ order, allowing the first respondent to pursue a revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act. The appeal was allowed, and the court directed that any such revision petition be entertained without reference to delay (Paras 1-24).
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability of Writ Petition - Article 226 of the Constitution of India - The court held that service-related grievances of employees of cooperative societies cannot be addressed through writ petitions under Article 226, as cooperative societies are not considered 'State' under Article 12. The court emphasized the need to exhaust alternative remedies provided under the Tamil Nadu Cooperative Societies Act before approaching the High Court (Paras 22-24).
Issue of Consideration
Whether the writ petition for settlement of terminal benefits was maintainable under Article 226 of the Constitution of India.
Final Decision
The writ order dated 02.04.2026 was set aside, allowing the first respondent to file a revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act, with directions for the competent authority to entertain the petition without reference to delay and decide on merits expeditiously.
Law Points
- Writ jurisdiction
- Cooperative societies
- Terminal benefits
- Article 21
- Alternative remedy
