AI Drafter 
TaxTMI 
TaxTMI 
2017 (1) TMI 1756
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....sequential order dated 03.03.2008 of the Special Officer, Harur Co-operative Primary Agricultural & Rural Development Bank Ltd., Harur, Dharmapuri District, 3rd respondent therein, in so far as the petitioners are concerned. The petitioners have also sought for a direction to the respondents therein, to allow the salary and other allowances including terminal benefits, in terms of the concluded settlement under Section 18(1) of the Industrial Disputes Act 1947. 3. W.A. No. 1330 of 2012, is against the order made in W.P. No. 23496 of 2008, dated 17.04.2012, filed by Mr. B. Janakiraman and two others, for a Writ of Certiorarified Mandamus, to quash G.O. Ms. No. 186, Co-operation Food & Consumer Protection Department, dated 16.08.2000 and the consequential proceedings, passed by the Registrar of Co-operative Societies, Chennai, the 2nd respondent therein, in his proceedings in Rc. No. 165450/2003ARDB2, dated 20.07.2004 and consequently, to direct the respondents therein, to allow the salary, including allowances and the terminal benefits, in terms of the Concluded Settlements, under Section 12(3) of the Industrial Disputes Act, 1947, dated 19.11.1998, with interest at the rate of 1....
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.... the concerned cooperative societies, introduced and incorporated Rule 149 of the Rules. 10. Under Rule 149, every Society have been mandated to frame bye-laws covering the service conditions, including the scale of pay and allowances for each of the post, with the prior approval of the State Government. Rule 149(1) of the Rules is quoted here under: "Rule 149.- Conditions of service of paid officers and servants of Societies.- (1) Every society shall, taking into account its nature of business, volume of transaction and financial position, adopt, with the prior approval of the Government, a Special by-law covering the service conditions of its employees. The special bylaw shall, inter alia, prescribe the following: (i) Cadre strength and classification 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 p....
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....ctively. Citing the common order in W.P. Nos. 8801 and 8826 of 2008, dated 27.06.2008, W.P. No. 23476 of 2008, has been dismissed on 17.04.2012. Challenging the order made in W.P. No. 23476 of 2008, dated 17.04.2012, W.A. No. 1330 of 2012 has been filed. Since the common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, is sought to be reviewed on the same grounds and in W.A. No. 1330 of 2012, the very same issues are raised, they are taken up together and disposed of by a common order. 7. Inviting the attention of this Court to Section 73 of the Tamilnadu Co-operative Societies Act, 1983, Mr. R. Krishnamoorthy, learned counsel for the review applicants submitted that the said provision empowers the registered society to make appointment of paid officers and servants of society, as are necessary for efficient performance of its functions, subject to the provisions of Sections 74, 75, 76 & 77 of the said Act and subject to the rules made in their behalf. 8. Referring to paragraph No. 10 of the common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, Mr. R. Krishnamoorthy, learned counsel for the review applicants submitted that at the time when G.O.....
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.... be and therefore, there is no manifest error, in the common order dated 25.09.2008 in W.A. Nos. 1103 and 1104 of 2008, warranting review. 11. The fact that no special bye-law was framed by the concerned society and approved by the competent authority, has not been disputed by the learned counsel for the appellants. Mr. R. Krishnamoorthy, learned counsel for the review applicants, submitted that in Tamil Nadu Vatta Koturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam (rep. by its General Secretary, R. Raghavendran) Vs. Deputy Registrar of Cooperative Societies (Housing) Cuddalore Circle, and others, reported in 2008 (2) LLN 236, G.O. Ms. No. 186 Co-operation Food & Consumer Protection Department dated 16.08.2000, was not challenged, and therefore, whatever is observed in the said judgment by the Hon'ble Division Bench, is only an obiter dicta and not to be applied as a binding precedent, to the case on hand. 12. Mr. L.P. Shanmugasundaram, learned Special Government Pleader submitted that the well considered common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008, does not require interference, in exercise of review jurisdiction. Heard the ....
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.... and Auditing or the examinations on these subjects conducted by the Tamil Nadu Public Service Commission, Madras or the examinations for Co-operative Supervisor's Training Course conducted by the Tamil Nadu Union or the examination for the Higher Diploma in Co-operation conducted by the Co-operative Training Colleges: Provided that this shall not apply to a person who has undergone short term basic training course in cooperation and has passed the examinations,- (i) for the co-operative supervisor's training course and in possession of certificate issued by the Tamil Nadu Co-operative Union, Madras; or (ii) for the Higher Diploma in Co-operation and in possession of certificate issued by the National Council for Co-operative Training: Provided further that a person who has undergone short term course but has not passed all the examinations prescribed for the Co-operative Supervisor's Training Course or Higher Diploma Course in Co-operation, as the case may be, on the date of commencement of these rules, shall pass the final examination conducted by the Tamil Nadu Co-operative Union, Madras, for the Co-operative Supervisor's Course within a period of two....
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....the employee, his seniority being taken into account only where merit and ability are approximately equal: Provided that no employee shall be considered for promotion to a higher category of post unless he has put in satisfactory service in the present category of post held by him for such period which shall be not less than five years. (3)(a) No appointment by direct recruitment to any post shall be made except by calling for from the societies applications from their employees who possess the qualifications for the post and unless the Government have accorded special sanction for recruitment by advertisement in dailies, by also calling for a list of eligible candidates from the Employment Exchange. (b) Where the Employment Exchange issues a non-availability certificate or the Government have accorded special sanction for recruitment by advertisement in dailies, the society shall invite applications from candidates including those working in other societies by advertisements in one English daily and two Tamil dailies having circulation within the area of operations of the society approved by the Government for the purposes of issue of Government advertisements. (c) Eve....
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.... or conduct have not been satisfactory. No appeal shall lie against an order terminating the probation of an employee during this period. (7) No person who is a near relation as specified in rule 63 of a member of the board or of a paid officer of a society shall be appointed to any post in the service 01 the society. If a doubt arises as to whether a person is or is not a near relation of a member of the board or of a paid officer, the board shall refer it to the Registrar for decision. (8) (a) Every employee of a society shall be entitled to casual leave not exceeding twelve days in a year subject to the following conditions, namely:- (i) holidays and Sundays falling within or before or after the period of casual leave shall not be treated as part of casual leave: (ii) casual leave shall not be combined with any other kind of leave: (iii) an employee who is on casual leave shall not be treated as absent; and (iv) casual leave shall not be availed of for more than six days continuously and casual leave combined with the holidays shall not exceed ten days at a time; Provided that a temporary employee shall be entitled to casual leave proportionate to the period....
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....o all other employees of the society and the President shall be the authority competent to sanction casual leave to the Chief Executive and privilege leave or earned leave to all the employees, including the Chief Executive. (b) No employee shall claim leave as a matter of right but shall be entitled to leave before the lapse of the leave accumulated upto the limit. (c) Leave shall ordinarily be applied for, and sanction obtained in advance. (d) Staying away from duty, over-stayal of leave and absenting from duty without permission are liable to be punished with anyone of the penalties specified in sub-rule (17) besides being treated as extraordinary leave without pay to avoid interruption in service of the employee. (e) Every application for sick leave shall be accompanied by a Medical Certificate from a registered medical practitioner. (f) In case of other leave applied on the basis of sickness medical certificate, certificate shall be produced if required within twenty-four hours of such requisition. (g) Where leave is availed of on the basis of medical certificate. Certificate of physical fitness from a registered medical practitioner shall be produced at the ....
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....o any legislature or local authority or any institution constituted under any State or Central Act. No employee of a society shall canvass or otherwise interfere or use his influence in connection with or take part in an election to any legislature or local authority or any institution constituted under any State or Central Act: Provided that he may it record a vote if he is qualified to do so and where he does so he shall give no indication of the manner in which he proposes to vote or has voted. (15)(a) No employee shall accept any employment or work elsewhere, whether honorary or otherwise, without the previous permission in writing of the board. (b) No employee shall engage himself in any trade or business outside the scope of his duties either in his name or in the name of his family members or relative except with the previous permission of the board. (16)(a) No employee of a society shall acquire or dispose of any immovable property by lease, mortgage, purchase, sale, gift, exchange or otherwise either in his own name or in the name of any member of his family except after giving due notice to the Chief Executive and in the case of a Chief Executive to the Presid....
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....in clause (a), he shall communicate all the particulars thereof to the Chief Executive or the President, as the case may be. (f) If an employee of a society receives an order of transfer to a place at which or around which he possesses or has an interest in immovable property, he shall at once bring the fact to the notice of the Chief Executive or the President, as the case may be. (g) Every society shall maintain a register groupwise in respect of all the employees in Form No. 43 showing all immovable properties held by each of them and shall revise them with reference to the particulars furnished by the employees in subsequent returns as specified in clause (c). (h) Any attempt to mislead or any failure to give full and correct information shall render the employee of a society concerned liable to severe disciplinary action. (i) Sanction on no account shall be accorded for purchase of land for any commercial purpose. (j) No land of a society shall be sold or granted on lease or otherwise to any employee of the society or of its financing bank or federal society or of any society for which it is the financing bank or federal society. (k) No employee of a society ....
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.... the employee concerned in writing stating the grounds on which the penalty has been imposed. (d) Every penalty or fine imposed under this rule shall be imposed in accordance with the provisions of section 35 of the Tamil Nadu Shops and Establishments Act, 1947 (Tamil Nadu Act XXXVI of 1947) and the rules relating thereto, and for the said purpose the reference to "prescribed authority" occurring in the said section 35 shall be construed as a reference to the Registrar. (19)(a) An employee 'of a society may be placed under suspension from service where- (i) an inquiry into grave charges against him is contemplated or is pending or (ii) where a complaint against him of any criminal offence is under investigation or trial and if such suspension is necessary in the public interest or in the interest of the society. (b) The authority competent to suspend an employee may sanction to the employee suspended who is not governed by the provisions of the Tamil Nadu Payments of Subsistence Allowance Act, 1981 (Tamil Nadu Act 43 of 1981) a subsistence allowance at a rate not exceeding fifty per cent of the basic pay during the period of his suspension. In respect of suspende....
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....luments, transfers and other allied matter shall be entered in this register then and there and attested by the President in the case of Chief Executive and in the case of all other employees by the Chief Executive or where there is no Chief Executive by the president. In the service register of every employee entry shall be made every year about the verification of the service with reference to the pay bills and other records. (b) The society shall maintain a list of seniority of employees in each post and it shall be brought up to date every co-operative year if there is any change during that year. (24) Every society shall maintain confidential report of officers of Classes I to IV and every adverse remark shall be substantiated by concrete instances. Every confidential report shall be written by the Chief Executive and where there is no Chief Executive by the President. The President shall also maintain the confidential report of the Chief Executive. (25) The principle of reservation of appointment for Scheduled Castes/Scheduled Tribes and Backward Classes followed by the Government of Tamil Nadu for recruitment to the State and Sub-ordinate Services under rule 22 of t....
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....1) of the Industrial Disputes Act, 1947, concerning wage structure for the employees in Co-operative Societies. 17. In exercise of powers conferred by Section 180 of the Tamil Nadu Co-operative Societies Act, 1983 [Tamil Nadu Act 30 of 1983], Government have issued G.O. Ms. No. 212, Cooperation, Food and Consumer Protection Department dated 04.07.1995, amending rule 149, as hereunder: "Rule 149.- Conditions of service of paid officers and servants of Societies.- (1) Every society shall, taking into account its nature of business, volume of transaction and financial position, adopt, with the prior approval of the Government, a Special by-law covering the service conditions of its employees. The special bylaw shall, inter alia, prescribe the following: (i) Cadre strength and classification 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 ....
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.... to whether a person is or is not a near relative of a member of the board or of an officer of a society, the board shall refer it to the Registrar for decision. (6) No employee of a society shall contest, or canvass or otherwise interfere or use his influence in connection with or take part in any election to any legislature, Parliament or local authority or any institution constituted under any State or Central Act except with the previous permission of the Board. (7) (a) No employee shall accept any employment or work also where, whether honorary or otherwise except with the previous permission of the Board. (b) No employee shall engage himself in any trade or business outside the scope of his duties either in his name or in the name of any member of his family or relative except with the previous permission of the Board. (8) Nothing contained in this rule, except the items (i)(v) and (viii) of sub-rule (1) and the provisions contained in sub-rule (5) to (7) shall apply to a Government Servant deputed or a person deputed from any other institution, to the services of any society." 18. Earlier in 1988, Rule 149 of the Tamil Nadu Co-operative Societies Rules, had co....
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....ualification, method of recruitment, scale of pay and allowances for the posts. 22. When G.O.Ms. No. 186 Co-operation Food & Consumer Protection Department dated 16.08.2000, was not challenged, in Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam rep. by its General Secretary R. Raghavendran Vs. Deputy Registrar of Co-operative Societies (Housing) Cuddalore Circle, Cuddalore District and Others, reported in (2008) 2 MLJ 385, it is the contention of the review applicants that whatever opinion expressed by the Hon'ble Division Bench, in the said case, the same has to be considered only as obiter dicta, and does not have any binding effect. The Hon'ble Division Bench in Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, at paragraph Nos. 11 to 15, held as follows. "11. A reading of the said provision makes it clear that the said provision empowers the Registrar to issue such directions if he is satisfied that in public interest or for the purpose of securing proper implementation of co-operative production and other developmental programmes and also to secure the proper management of the....
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....747. On the basis of the judgment of the earlier Division Bench, the State Government in order to restrain the individual Societies entering into such wage settlements without reference to the viability of the concerned Cooperative Societies thought it fit to incorporate the provision in the Rules by introducing Rule 149. 15. By no stretch of imagination, the said Rule can be said to be either conflicting with the provisions of I.D. Act or introduced with any other ulterior motive to defeat the lawful rights of the employees of any of the registered societies. The purport of the rule is to ensure that a registered society does not become defunct or unwieldy and any of the registered societies should not be allowed to be closed due to dearth of funds by mismanagement. Therefore, the constitution of the Committee for formulating the common wage structure for the employees of the registered Co-operative Societies by G.O. Ms. No. 289, dated 18.12.1998 and the subsequent G.O. Ms. No. 186, dated 16.8.2000 were all in furtherance of the fulfillment of the above objective of the State Government." 23. On the contentions of the appellants that when G.O. Ms. No. 186 Co-operation Food &....
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....the decision pronounced, but even though an obiter may not have a bind effect as a precedent, but it cannot be denied that it is of considerable weight. The law which will be binding under Article 141 would, therefore, extend to all observations of points raised and decided by the Court in a given case. So far as constitutional matters are concerned, it is a practice of the Court not to make any pronouncement on points not directly raised for its decision. The decision in a judgment of the Supreme Court cannot be assailed on the ground that certain aspects were not considered or the relevant provisions were not brought to the notice of the Court (See AIR 1970 SC 1002 and AIR 1973 SC 794). When Supreme Court decides a principle it would be the duty of the High Court or a subordinate Court to follow the decision of the Supreme Court." 25. In Arun Kumar Aggarwal v. State of Madhya Pradesh reported in AIR 2011 SC 3056, the Hon'ble Supreme Court explained "obiter dicta", as follows: "21. ......The expression obiter dicta or dicta has been discussed in American Jurisprudence 2d, Vol. 20, at pg. 437 as thus: "74. -Dicta Ordinarily, a court will decide only the questions neces....
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....n observation as to the law made by a judge in the course of a case, but not necessary to its decision, and therefore of no binding effect; often called as obiter dictum,; a remark by the way. 24. The Blacks Law Dictionary, (9th ed, 2009) defines term "obiter dictum' as a judicial comment made while delivering a judicial opinion, but one that is unnecessary to the decision in the case and therefore not precedential (although it may be considered persuasive). -- Often shortened to dictum or, less commonly, obiter. "Strictly speaking an "obiter dictum" is a remark made or opinion expressed by a judge, in his decision upon a cause, `by the way' -- that is, incidentally or collaterally, and not directly upon the question before the court; or it is any statement of law enunciated by the judge or court merely by way of illustration, argument, analogy, or suggestion....In the common speech of lawyers, all such extrajudicial expressions of legal opinion are referred to as `dicta,' or `obiter dicta,' these two terms being used interchangeably." 25. The Word and Phrases, Permanent Edition, Vol. 29 defines the expression "obiter dicta" or "dicta" thus: "Dicta are opin....
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....d, on rehearing, to be dictum; where the dictum is on a question which the court expressly states that it does not decide; or where it is contrary to statute and would produce an inequitable result. It has also been held that a dictum is not the "law of the case," nor res judicata." 27. The concept of "Dicta" has been discussed in Halsbury's Laws of England, Fourth Edition (Reissue), Vol. 26, para. 574 as thus: "574. Dicta. Statements which are not necessary to the decision, which go beyond the occasion and lay down a rule that it is unnecessary for the purpose in hand are generally termed "dicta". They have no binding authority on another court, although they may have some persuasive efficacy. Mere passing remarks of a judge are known as "obiter dicta", whilst considered enunciations of the judge's opinion on a point not arising for decision, and so not part of the ratio decidendi, have been termed "judicial dicta". A third type of dictum may consist in a statement by a judge as to what has been done in other cases which have not been reported. ...Practice notes, being directions given without argument, do not have binding judicial effect. Interlocutory observatio....
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....rt of the judgment." 26. Let us consider some more case laws on the aspect of ratio decidendi and the binding precedent, (i) In Yeshbai and another v. Ganpat and another reported in AIR 1975 Bombay 20, a Hon'ble Division Bench of the Bombay High Court held as follows: 37. ....we may at this stage refer to a passage from Halsbury's Laws of England, Third Edition, Volume 22, paragraph 1682 on page 796. It is as follows: 1982. Ratio decided. The enunciation of the reasons or principle on which a question before a court has been decided is alone binding as a precedent. This underlying principle is often termed the ratio decidendi, that is to say, the general reasons given for the decision or the general grounds on which it is based, detached or abstracted from the specific peculiarities of the particular case which gives rise to the decision. The concrete decision alone is binding between the parties to it, but it is the abstract ratio decidendi, ascertained on a consideration of the judgment in relation to the subject-matter of the decision, which alone has the force of law and which, when it is clear what it was, is binding; but, if it is not clear, it is not part....
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....The only thing in a Judge's decision binding as an authority upon a subsequent Judge is the principle upon which the case was decided. Statements which are not part of the ratio decidendi are distinguished as obiter dicta and are not authoritative. The task of finding the principle is fraught with difficulty because without an investigation into the facts, as in the present case, it could not be assumed whether a similar direction must or ought to be made as a measure of social justice. (v) In Krishena Kumar Vs. Union of India and Others reported in AIR 1990 SC 1782, the Hon'ble Apex Court held as follows:- "19. In other words, the enunciation of the reason or principle upon which a question before a Court has been decided is alone as a precedent. The ratio decidendi is the underlying principle, namely, the general reasons or the general grounds upon which the decision is based on the test or abstract from the specific peculiarities of the particular case which gives rise to the decision. The ratio decidendi has to be ascertained by an analysis of the facts of the case and the process of reasoning involving the major premise consisting of a preexisting rule of law, ei....
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....law declared to have a binding effect as is contemplated by Article 141. Uniformity and consistency are core of judicial discipline. But that which escapes in the judgment without any occasion is not ratio decidendi. In B. Shama Rao v. Union Territory of Pondicherry, AIR 1967 SC 1480, it was observed, 'it is trite to say that a decision is binding not because of its conclusions but in regard to its ratio and the principles, laid down therein'. Any declaration or conclusion arrived without application of mind or preceded without any reason cannot be deemed to be declaration of law or authority of a general nature binding as a precedent. Restraint in dissenting or overruling is for sake of stability and uniformity but rigidity beyond reasonable limits is inimical to the growth of law." (emphasis supplied) (vii) In Commissioner of Income Tax Vs. M/s. Sun Engineering Works (P) Ltd., reported in AIR 1993 SC 43, it has been held as follows: "........... It is neither desirable nor permissible to pick out a word or a sentence from the judgment of this court, divorced from the context of the question under consideration and treat it to be the complete 'law' declare....
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....e decision is its ratio and not every observation found therein. The enunciation of the reason or principle on which a question before a court has been decided is alone binding between the parties to it, but it, is the abstract ratio decidendi, ascertained on a consideration of the judgment in relation to the subject matter of the decision, which alone has the force of law and which, when it is clear what it was, is binding. It is only the principle laid down in the judgment that is binding law under Article 141 of the Constitution. A deliberate judicial decision arrived at after hearing an argument on a question which arises in the case or is put in issue may constitute a precedent, no matter for what reason, and the precedent by long recognition may mature into rule of stare decisis. It is the rule deductible from the application of law to the facts and circumstances of the case which constitutes its ratio decidendi." In the said case, the Hon'ble Supreme Court at page 52 held as follows: "According to the well-settled theory of precedents, every decision contains three basic postulates: (i) findings of material facts, direct and inferential. An inferential finding of f....
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....he technical sense when a particular point of law was not consciously determined." (x) In Government of Karnataka and Others v. Gowramma and Others AIR 2008 SC 863, with reference to precedential value of a decision, the Hon'ble Supreme Court, held thus, "Reliance on the decision without looking into the factual background of the case before it is clearly impermissible. A decision is a precedent on its own facts. Each case presents its own features. It is not everything said by a Judge while giving a judgment that constitutes a precedent. The only thing in a Judge's decision binding a party is the principle upon which the case is decided and for this reason it is important to analyse a decision and isolate from it the ratio decidendi. According to the well-settled theory of precedents, every decision contains three basic postulates (i) findings of material facts, direct and inferential. An inferential finding of facts is the inference which the Judge draws from the direct, or perceptible facts; (ii) statements of the principles of law applicable to the legal problems disclosed by the facts; and (iii) judgment based on the combined effect of the above. A decision is an....
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....a case falls, the broad resemblance to another case is not at all decisive. .. .. .. Precedent should be followed only so far as it marks the path of justice, but you must cut the dead wood and trim off the side branches else you will find yourself lost in thickets and branches. My plea is to keep the path to justice clear of obstructions which could impede it." (emphasis supplied) 27. In Tamil Nadu Vatta Kooturavu Veetu Vasathi Sangangalin Anaithu Paniyalargal Madya Sangam's case, by orders, dated 12.03.1999 and 08.04.1999, the Deputy Registrar of Cooperative Societies Housing, the 1st respondent therein, directed the 3rd respondent therein, to cancel the 18(1) settlement, based on which, higher scale of pay was fixed and paid to the members of the appellants therein, and to recover the said payments, already been made. The Hon'ble Division Bench has categorically considered the issues raised therein, statutory provisions, powers conferred on the competent authorities to issue directions, held that the constitution of the committee for formulating the structure of the co-operative societies, vide G.O. Ms. 289 dated 18.12.1998 and the subsequent G.O. Ms. No. 186....
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.... found; it may also be exercised on any analogous ground. But, it may not be exercised on the ground that the decision was erroneous on merits. That would be the province of a court of appeal. A power of review is not to be confused with appellate powers which may enable an appellate court to correct all manner of errors committed by the subordinate court." (ii) In yet another decision in Rajindersingh v. Lt. Governor reported in 2005 (13) SCC 289, at paragraph Nos. 15 and 16, the Hon'ble Supreme Court held that law is well settled that the power of judicial review of its own order by the High Court inheres in every Court of plenary jurisdiction to prevent miscarriage of justice. Power of judicial review extends to correct all errors to prevent miscarriage of justice. It was further held that Courts should not hesitate to review their own earlier order, when there exists an error on the face of record and the interest of justice so demands in appropriate cases. (iii) In Union of India v. Kamal Sengupta reported in 2008 (8) SCC 612, the Hon'ble Supreme Court, at Paragraphs 14 and 15, has held that, "14. At this stage it is apposite to observe that where a review is ....
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.... by-law has been framed by the Society, prescribing the condition of service, such as, scale of pay of its employees and staff in that case, it is always open to the State Government to make minimum prescription of the scale of pay to be paid in favour of such employees and staff and we are of the considered view that there is absolutely no ground to interfere, with the above orders. 32. In the light of the above discussion and decisions, we are of the considered view that the appellants have not made out a strong case, to review of the common order made in W.A. Nos. 1103 and 1104 of 2008 dated 25.09.2008. For the very same reasons, we find that the order of the writ Court in W.P. No. 23476 of 2008, dated 17.04.2012, does not call for any interference. However, this Court deems it fit to rectify the inadvertent mistake occurred at paragraph No. 10 of the common order made in W.A. Nos. 1103 and 1104 of 2009 dated 25.09.2008 i.e., the expression "with the prior approval of the State Government", be modified into that of, "with the prior approval of the Registrar of co-operative societies". 33. With the above modification, the Review Application Nos. 82 and 83 of 2009 are dispos....
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.... society C. Steno-typist A pass in S.S.L.C. Examination (i) pass with eligibility for Higher certificate both in Secondary Course or appointment under the State Typewriting Service. A for English and Tamil Examination and English Shorthand Higher Examination. (ii) Previous D. Typists experience as may be required by the society. A pass in S.S.L.C. examination (i) A pass in with eligibility for Higher certificate Secondary Course or for English and Tamil appointment Services. under the State Higher Examination. (ii) Previous experience as may Class VII Eighth Standard Passed be required by the society. (i) Knowledge of cycling (ii) in addition in the case of a driver a valid driving licence heavy or light motor vehicle as the case may be. Document 3 THE TABLE Class of the employees Censure or fine Withhold increment or Suspend or reduce to a Compulsorily retire or promotion or lower rank or recovery from pay lower post or lower stage in remove or dismiss a time-scale A. In the case of a so....