Decided on April 03,1984

Viiay Rai Singh Rajawat Appellant


- (1.)The petitioner, Vijay Raj Singh Rajawat. was working as Supervisor with the Kekri Sahkari Bhumi Vikas Bank Kekri (hereinafter called the Society) in the grade of Rs. 130-409 with an additional allowance of Rs. 35/- per mensem with effect from Dec. 22, 1982. On a representation by the employees of the Society, the. management committee of the society passed a resolution, dated Feb 13, 1983 purporting to sanction application of pay scales admissible to the employees of corresponding ranking in the Central Co-operative Banks in accordance with the settlement arrived at between the workmen concerned through their trade unions and the administrators of those banks on Aug. 25. 1980. According to the said resolution, the employees of the Society would be en- titled to the enhanced pay-scales with effect from Feb. 1, 1983. involving an additional financial burden of Rs. 1300/- per mensem on the Society. The said enhanced pay-scales were in force in the Central Co-operative Banks w'th effect from July 1, 1980. The mangement committee of the Society deferred decision on the question of payment of arrears on the basis of the enhanced pay-scales for the period from July 1, 1980 to Jan. 31, 1983.
(2.)Acting on the aforesaid resolution of the management committee of the Society, the Secretary of the Society informed the petitioner that his pay had been fixed at Rs. 647/- per month in the revised pay-scale of Rs. 375-1264 with effect from Feb. 1. 1983.
(3.)It is alleged that the Assistant Registrar, Co-operative Societies Beawar (respondent 3) who was a nominated member of the management committee of the Society at the time of the passing of the' aforementioned resolution had ODBosed. it, but it had been passed by a majority vote, notwithstanding the dissent of respondent 3. It so happened that respondent 3 was subsequently appointed as Assistant Registrar Co-operative Societies Beawar and had thus acauired power under Sec, 32, Raiasthan Co-operative Societies Act, 1965. to rescind the said resolution. He served a notice, dated, July 8, 1983, on the Society under Sec, 32 requiring it to show casue why the said resolution be not rescinded. On Oct. 31. 1983. respondent 3 rescinded the resolution on the ground that it affected prejudicially the financial interest of the Society. This led the petitioner to. file this petition for a writ quashing the order, dated. Oct. 31, 1983, made by the Assistant Registrar (respondent 3) and for mandamus enjoining the Society (respondent 4) to pay arrears for the period from July 1980 to Jan. 31, 1983, and further salary to the petitioner in accordance with the revised and enhanced pay-scale as per resolution of the Society, dated, Feb. 18, 1983 mentioned above. . The petitioner also sought a declaration to the effect that Sec. 32 Rajasthan Co-operative Societies Act, 1965. is ultra vires the Constitution of India, being arbitrary in nature, and that it be struck down as such.

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