V.K.Shukla, J. - (1.) Petitioners have approached this Court, questioning the validity of order dated 06.01.2007 passed by Joint Registrar, Co-operative Societies, U.P. Kanpur Region, Kanpur, rejecting representation moved under the provisions of Section 128 of the U.P. Cooperative Societies Act, 1965.
(2.) Brief facts, giving rise to instant writ petition, are that there is a co-operative society in the name and style of Ordinance Factory Cooperative Society Ltd. Kalpi Road, Kanpur ( in shot the Ordinance Factory Society). Thew said society was initially registered under the provisions of U.P. Co-operative Societies Act, 1912 with registration No.225/12.09.1946, and after enforcement of U.P. Co-operative Societies Act, 1965 stands deemed to have been registered under the provisions of the U.P. Co-operative Societies Act, 1965. Area of operation of the Ordinance Factory Society, as per its bye-laws is limited to Kanpur City, Armapur Estate and the Cantonment area, and its object is to provide loan to its members and to accept their deposits.
(3.) Petitioner No. 1 was initially appointed in the service of the Ordinance Factory Society as clerk on 23.01.1967, whereas petitioner No. 2 was appointed as clerk on 08.02.1968. Petitioner No. 2 was promoted on the post of Secretary in 1979 with the approval of the then Deputy Registrar, Cooperative Societies, U.P. Allahabad Region, Allahabad, and petitioner No. 2, who had been working as clerk, with the passage of time was promoted as Accountant. As per petitioners, the then Committee of Management/Board of Directors of the Ordinance Factory Society passed resolution in its meeting held on 3rd January, 1968, whereby age of superannuation of its employees was decided to be 60 years, and based on the same, the employees of the said society used to superannuate on completion of age of 60 years. Thereafter, in the year 1977, Administrator, in exercise of power of the Committee of Management, framed service Rules known as Ordinance Factory Co-operative Society Ltd. Kanpur Service Rules, 1977. Qua the said Rules, it has been stated that the same granted approval on 03.07.1991. It has been further stated that Rule 14 of the said Service Rules fixed the age of superannuation as 60 years with power to extend the aforesaid age in special cases. It has been stated that when report of 4th Pay Commission was implemented, then it was resolved that retirement age of employees of the society will be 60 years, and similar was the position while report of 5th Pay Commission was implemented on 30.10.1998. Petitioners have contended that in spite of the aforesaid decisions, particularly, relating to the age of superannuation of the employees of Ordinance Factory Society, the Committee of Management/Board of Directors on 17.07.1999 on 17.07.1999 formed opinion to re-fix the age of superannuation of its employees from 60 to 58 years and qua the same legal opinion was obtained. In the legal opinion which was given on 06.08.1999, it was mentioned that Committee of Management/Board of Directors had no jurisdiction to reduce the age of superannuation of tis employees. Secretary of the society wrote letter dated 06.11.1999 to the District Assistant Registrar, Cooperative Societies, Kanpur, specially stating therein that the Committee of Management/Board of Directors has descended from the legal opinion and requested him to give his opinion in the matter, keeping in view the provisions of U.P. Cooperative Societies Employees' Service Regulations, 1975. In response to the said letter of the Secretary, District Assistant Registrar in his turn on 06.12.1999 informed that Service Regulations have already been framed, and if they are approved, then action be taken in consonance with the Service Regulations, sand Committee should act accordingly. Petitioners submit that pursuant to the aforesaid direction, meeting was held on 24.12.1999, and the age of superannuation of the employees of the society as 60 years was reaffirmed. Petitioners submit that right from the very inception, the employees of the society have been superannuating at the age of 60 years and said practice continued in the society prior to 29.07.2006 and various incumbents have been permitted to continue. Petitioners submit that quite illegally, they have been sought to be superannuated after completing the age of 58 years on 29.07.2006 with effect from 31.07.2006. The said resolution had been questioned before this Court vide writ petition No. 41367 of 2006, which was finally disposed of on 10.08.2006 with direction to decide the representation of petitioner within six weeks. Pursuant to directive issued by this Court, Joint Registrar, Co-operative Societies, U.P. Kanpur has passed order dated 06.01.2007, which is subject matter of challenge before this Court.;