ISMAIL KHAN Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
STATE OF RAJASTHAN
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(1.)ALL the petitioners mentioned above claim to be the Managers of the Primary Agriculture Credit Co -operative Socities in Bharatpur District holding substantive posts and alleged that they are permanent employees. They have now received the orders which are impugned orders issued by the Managing Director, Central Co -operative Bank Ltd. Bharatpur directing their compulsory retirement under Rule 17 of the Krishi Rin Datri Sahkari Samitiyon ke Vyavasthapakon ke Chayan, Niyukti and Seva Niyam, 1977 thereinafter referred to as, 'the Rules, 19J7) in pursuance of the decision of the Committee. A specimen copy of the order passed in Ismail Khan's case is reproduced hereunder for ready reference: .........[vernacular ommited text]...........
(2.)THE service condition of these Managers are governed by the Rules 1977. The Registrar Cooperative Societies Rajasthan, Jaipur framed these rules, 1977 under Rule 41 of the Rajasthan Co -operative Societies Rules, 1966 (hereinafter referred to as the 'Rules'). Clause (1) of Rule 41 of the Rules, 1966 may be noticed here which, in terms, provides as under:
41(1) Notwithstanding anything contained in the bye laws of society, no Cooperative Society shall appoint any person as its paid officer or employee in any category of service unless he possess the qualifications and furnishes the security if so specified by the Registrar from time to time, for such category of service in the society, or for the class of Society to which it belongs. The conditions of service of the employees of the societies shall be as specified by the Registrar Rule 41 has been enacted among other Rules by the State Government in exercise of the powers conferred under Section 148 Sub -section (2) (Clause xxx) of the Rajasthan Co -operative Societies Act, 1965 (hereinafter referred to as 'the Act, 1965') which in terms provides as under: 148(2)(xxx): In particular and without prejudice to the generality of the foregoing such power, rules may provide for all or any of the following matters namely: (xxx) the qualifications of a Manager, Secretary, Accountant or any other officer or an employee of the society and the conditions of their service including discipline and control.
All the petitioners in their writ petitions have alleged that though they have been designated as 'Manager but their duties are not more than of a Lower Division Clerks. Their salary is still less as most of them are getting Rs. 351/ - including the dearness allowance. They further asserted that they are the workmen as defined in Industrial Disputes Act, 1947 and they have been declared to be so in an award known as 'Chaudhary Award' passed on 22 -4 -80 in the case No. IT/34/78 whereby it was decided as follows:
From the above pay scales payable to different employees to the different authorities it is apparent that the Managers of the P.A.C.S. are paid less wages than the wages of a lower Division Clerk of the State Government and a Clerk of the Central Cooperative Bank and the clerk of Primary Land Mortage Banks. They are also paid less than the total wages of Class IV employees of the State Government and of the above said Banks.
(3.)IN this Chaudhary ward, according to the petitioners, the employment of Managers of P.A.C.S. was adjudicated as that of the Cadre Authority and this authority was declared as an 'Industry'. The case of the petitioners is that, though the Manager of P.A.C.S. is in the employment of the aforesaid authority, but he is lent to the Central Cooperative Bank which posted him as Manager in the Gram Sewa Sehkari Samiti. After completion of (sic) years services as Manager, the Manager becomes eligible for selection as loan Supervisor in the Central Cooperative Bank. Thus, according to the petitioners, they are employees of the Cadre Authority though their services have been lent to the Central Co -operative Bank, Bharatpur.
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