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K.Sadaiyappan vs The Registrar Of Co-Operative ... on 27 September, 2023

12.In terms of Sections 78 and 79 of the Tamil Nadu Co-operative Societies Act, 1983, neither the Provident Fund nor the Gratuity of the petitioner is liable to attachment or could be subjected to any other process of any Court or other authority and this has been already confirmed by the order passed by this Court in the case of the Registrar of Co-operative Societies and others Vs. A.Sengodan reported in 2019 SCC Online Mad 9298. Having passed an order permitting the petitioner to retire from service, withholding of pension and terminal benefits of the petitioner by the respondents would be meaningless.
Madras High Court Cites 15 - Cited by 0 - Full Document

D.D.9 Uthangarai Agricultural ... vs Unknown on 11 January, 2024

3.4 The Single Bench, taking note of Section 79 of the Tamil Nadu Cooperative Societies Act and relying on an order passed by a Single Bench of this Court in N. Ravichandran v The Registrar of Cooperative Societies (Housing)1 and also the judgment of a Coordinate Bench of this Court in The Registrar of Cooperative Societies v A. Sengodan2, holding that the issue is no longer res integra, and also taking cognizance of the fact that the orders dated 31.08.2015 of the authority had become final, since the same were not appealed against by the society, allowed the writ petitions, as prayed for. https://www.mhc.tn.gov.in/judis 1 W.P. No.25073 of 2019 decided on 26.07.2021 2 W.A. No.1466 of 2015 decided on 08.02.2019 3/8 W.A. Nos.272 & 274 of 2024 3.5 Thereagainst, the society has preferred the instant writ appeals. 4 According to the learned counsel for the society, even now, the surcharge proceedings are pending against the workmen and hence, the Gratuity amount cannot be released to the workmen.

G.Saravanan vs The Joint Registrar Of Cooperative ... on 2 July, 2025

According to the learned counsel for the petitioner, the impugned order is in contravention to Sections 78 and 79 of the Tamil Nadu Co-operative Societies Act (hereinafter referred to as "the Act" for short). Apart from that, the learned counsel also relied upon the judgment of the Division Bench of this Court in Registrar of Co-operative Societies v. A. Sengodan, reported in 2019 SCC OnLine Mad 9298, wherein the Division Bench of this Court has held that, in the absence of any enabling statutory provisions, a society cannot withhold the terminal benefits of retired employees.
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