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2008 (9) TMI 1020

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....8 passed by the State Government, Co-operative, Food and Consumer Protection Department, have preferred the above writ appeals. 2. The appellants are Union of Periyar District Co-operative Land Development Bank (hereinafter referred to as the "Bank") and its employees. They challenged the aforesaid G.O.Ms.No.186 dated 16.8.2000 with further prayer to direct the Bank authorities to allow salary and other allowances including terminal benefits in terms of settlement made under Section 12(3) of the Industrial Disputes Act, 1947 or the settlement made under Section 1891) of the Industrial Disputes Act, 1947. 3. By the aforesaid G.O.Ms.No.186 dated 16.8.2000, the State Government fixed the scale of pay of different posts in the Bank.....

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....r the parties and noticed the rival contentions. 8. In the case of T.N.V.K.V.V.S.A.P.Madya Sangam v. Deputy Registrar of co-operative Societies [2008 (2) LLN 236], the validity of an order passed by the Deputy Registrar of Co-operative Societies (Housing) fell for consideration whereby the authorities directed the concerned Society to cancel the settlement made under Section 19(1) of the Industrial Disputes Act, 1947, based on which, higher scale of pay was fixed and paid to the members of the petitioner Union (Sangam). In the said case, the Division Bench noticed the history for substitution of Rule 149 of the Rules and observed as under: "In fact, Rule 149 of the Rules 1988 came into being by way of G.O.Ms.No.212 dated 4 January 19....

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....ssification of various categories of posts and the qualifications required thereof for each such posts. (ii) The method of recruitment for each such posts. (iii) The scale of pay and allowances for each such posts. (iv) Conditions of probation for each such posts. (v) Duties and responsibilities for each such posts. (vi) Leave for various kinds admissible and, the conditions thereto for each such posts. (vii) The penalties that may be imposed upon, the procedure for taking disciplinary action and inflicting various kinds of punishments on an employee holding each such post and the authority competent to entertain and dispose of appeal made against an order of punishment imposed by the competent authority on a disciplinary proceedings.....