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 Tamil Nadu Cooperative Societies Act and its byelaws. 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 considered 'State' under Article 12, and thus, service-related grievances cannot be addressed through writ petitions. The court emphasized the necessity of exhausting alternative remedies provided under the Act before approaching the court. Ultimately, the court set aside the writ order and allowed the appellant's appeal, directing that the first respondent could file a revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act to seek redress for his grievances. The court mandated that any such petition be entertained without reference to delay and decided on merits expeditiously.
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 redressed through writ petitions as cooperative societies are not 'State' under Article 12, and alternative remedies must be exhausted first. (Paras 11-22) B) Cooperative Societies - Terminal Benefits - Non-settlement of Benefits - Tamil Nadu Cooperative Societies Act, 1983 - The court ruled that the non-settlement of terminal benefits does not constitute a violation of statutory public duty, and employees must seek redress through the statutory provisions rather than through writ petitions. (Paras 15-21)
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 writ appeal. The first respondent was permitted to file a revision petition under Section 153 of the Tamil Nadu Cooperative Societies Act, which must be entertained without reference to delay and decided on merits.
Law Points
- Writ jurisdiction
- Cooperative societies
- Terminal benefits
- Alternative remedy
- Article 226
- Article 12
