Madras High Court Stays Order Cancelling Appointment Of 25 Aavin Employees

The Madras High Court has stayed an order passed by the General Manager of Aavin cancelling the appointment of 25 employees. Aavin is a state government cooperative under Tamil Nadu Co-operative Milk Producers Federation Ltd.

While giving an interim stay on the operation of the impugned order, Justice Abdul Quddhose said the petitions are prima facie maintainable as the petitioners have approached the court only on the ground of violation of principles of natural justice.

The petitioners contended that the order of cancellation of their appointment was arbitrary and illegal. The reason given by the authorities for cancellation of appointment is that the appointments were made in violation of the Special Rules. The petitioners, however, submitted that they were appointed after following due procedure and proper verification. 

The petitioners further submitted that as per the Rule 21 of the Special Bye Laws of the Corporation, which deals with procedure for termination of employees, the competent authority has to give a notice of three months/one month to the employees before termination. In the present case, however, no notice was given to the employees. 

The Corporation in response submitted that the petitioners should have filed a statutory appeal as per the provisions of the Tamil Nadu Co-operative Societies Act, 1983. The petitions are not maintainable, the respondent said.

The court said the issue will have to be examined once a counter is filed. "Since a prima facie case has been made out by the petitioners, there shall be an order of interim stay of the impugned orders, as prayed for...," said the court.

The court also directed the respondent authorities to file their counter and posted the matter to March 17.

Case Title: D Elumalai v. The Commissioner of Milk Production and others

Citation: 2023 LiveLaw (Mad) 13

Case No: WP No. 815 of 2023