A plea by cane assistants at co-operative sugar mills seeking to bring them on par with supervisors in the mechanical department has been rejected by the Madras High Court. Amends to special byelaws in this regard cannot be made since no power was vested on State Government under TN Co-operative Societies Act, 1983, the court said.
As many as 81 writ petitions were filed by cane assistants contending that being diploma holders they were performing functions of assistant agricultural officers working in the Dept of Agriculture, and, therefore, they should not be treated lower than other supervisors for which educational qualification was almost equal.
The Commissioner of Sugar, Chennai (R-2), rejecting the petitioners' contention, submitted that their request to grant Govt scale of pay and DA will dilute the entire system. Sugar wage board scales were followed by sugar mills, including private mills. Hence, there could not be further demand by cane assistants.
Hearing the writ petitions, Mr Justice K. Chandru said that only power that was available to State Government under the Co-op Societies Act was under Sec 182. In that provision, there was no power to give direction to frame any special bye-laws relating to service conditions.
The Industrial Tribunal had determined wage structure of co-op sugar mills, and its award had become final. Unless and until that award was replaced by another one, petitioners could not get over the said impediment in seeking for a direction.
Hence, the writ petitions stood dismissed, the Judge held.