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On the basis of my conclusions as above, the only course that the court should adopt is to issue a writ, quash the order and direct the respondents to reinstate the petitioner and treat the petitioner in continuous service with all consequential benefits. This I should do ignoring the firman of the Full Bench judgment in W.P. No. 6191 of 1990 and without being inhibited by the observations in the judgment of the Full Bench in Tamilarasan's case .
After having categorically declared that a writ should be issued and the order challenged in the writ petition should be quashed, he proceeded to refer the case to a larger bench for deciding the question whether a writ petition is maintainable as against the Co-operative Society particularly when it is represented by a Special officer. In the last paragraph of the order, the learned Judge observed as follows:
Keeping this only in mind, I refer this case to a larger bench with a request to the Hon'ble the Chief Justice to constitute a larger Bench which can go into the correctness or otherwise of the pronouncements of the Full Bench in Tamilarasan s case (1989) 1 L.L.J. 588 as well as in W.P. No. 6191 of 1990. Until that is done, Judges of this Court shall be free, as I have felt free, of the shackles of the firman of the Full Bench judgment in W.P. No. 6191 of 1990 and the precedent in Tamilarasan's case .