MOHD ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This writ application has been filed on behalf of the petitioners for a direction to the Managing Director of the Bihar State Handloom Weavers' Co-operative Union (hereinafter referred to as 'the Handloom Union') not to retire the petitioners from the service of the said Handloom Union, after having attained the age of 58 years.

(2.) According to the petitioners, no rule or regulation has been framed by the Handloom Union fixing the age of superannuation of its employees and, as such, it cannot retire its employees on attaining the age of 58 years because at that age the State Government and other corporations and authorities within the meaning of Article 12 of the Constitution are retiring their employees. In this connection reliance was placed on a judgment of the Supreme Court in the case of Miss Raj Soni v. Air Officer-in-charge Administration and another, [AIR 19SO SC 1305], where it was pointed out that every institution must frame and follow a uniform rule for superannuating its employees. In that connection it was observed :

(3.) The Bihar Co-operative Societies Act, 1935 (hereinafter referred to as 'the Act') and the rules framed thereunder contain provisions regarding the functioning of different Co-operative Societies. Recently amendments have been introduced in several Sections of the said Act vesting power in the State Government to issue directions from time to time by special or general order in discharge of the functions by the said Co-operative Societies including in respect of appointments of its employees and condition of their service. Section 66-B of the Act is as follows :