- (1.) PETITIONER No. 1 is a registered trade union. Petitioner Nos. 2 and 3 are employees of and are also employee directors on the board of directors of respondent No. 4, the Ratnagiri District Central Co-operative Bank Ltd. selected/nominated by petitioner No. 1 in accordance with the provisions of section 73-BB of the Maharashtra Co-operative Societies Act, 1960 (hereinafter the said Act ). Respondent No. 2 is the Commis commissioner for Co-operation and Registrar, Co-operative Societies. Respondent No. 3 is the District Deputy Registrar. Respondent No. 5 is a member of the Industrial Court.
(2.) THE petition involves the interpretation of section 73-BB of the Act. The petitioners seek a writ of mandamus directing respondent Nos. 1, 2 and 3 to take appropriate steps for implementation of the provisions of section 73-BB of the Act in its true spirit and intent which according to them requires the appointment of persons appointed under section 73-BB not merely on the board of Directors/managing Committee of the bank but also on the sub-committees constituted from amongst the directors. It is not necessary for us to consider the challenge to the impugned order passed by the Industrial court as the proceeding adopted by the petitioners before the Industrial Court involves the same question. Our decision on the main question will therefore also govern the outcome of the proceedings before the Industrial Court.
(3.) SECTION 73-BB of the Act reads as under:- "73-BB Reservation of seats for employees on committees of certain societies. (1) On the Committee of such society or class of societies as the State Government may, by general or special order, direct where the number of permanent salaried employees of the society is 25 or more- (a) if the number of members of the Committee thereof is 11 or less one seat; and (b) if the number of such members is 12 or more one additional seat for every 10 members over and above the first 11 members, shall be reserved for such employees. The seats so reserved shall be filled by selection made by the recognised union or unions and where there is no union at all or where there is a dispute in relation to such issues including whether a union is recognised or not, then the seats so reserved shall be filled by an election by such employees from amongst themselves in the prescribed manner. Any person selected or elected as a member of the Committee to any reserved seat shall not be entitled to be elected as an officer of such society or to vote at any election of officers. (2) No employee who is under suspension shall be eligible for being selected or elected or for being continued as a member under sub-section (1 ). (3) Subject to the provisions of sub-section (2) the term of a member representing the employees shall be co-terminus with the term of the Committee as provided under bye-laws of the society and after every fresh election of the members of the Committee a fresh selection or election, as the case may be, of a member under sub-section (1) shall be necessary. ";