S.H.A.Raza, J. - (1.) In Uirendra Pal Singh and others v. District Assistant Ragistrar, Co-operative Societies, Etah and another. 1980, UPLBEC 202, Hon'ble Supreme Court observed : "That though the age of retirement of employees of some of the co-operative societies was originally 60 years under the U. P. Co-operative Societies Employees Service Regulations, the age of retirement has now been made 58 years. We are unable to see any force in this submission. Regulation 24 (ii) itself provides that if before the coming into operation of the Regulations the society had entered into any contract with an employee on the date of his employment whereby he was entitled to continue beyond 58 years. The rule of retirement at the age of 58 years shall not apply and the age of retirement shall be governed by the contract. Therefore, if in any case there is a contract between a Cooperative Society and an employee entered into before the Regulations came into force stipulating the age of retirement as 60 years the regulation now stipulating the age of retirement as 58 years will not apply to him. We make it clear that this principle does not apply to the members of the Centralised service. The above, discussion covers all the points which were argued before us. In the result the civil appeal, the special leave petitions and the writ petitions are dismissed with costs."
(2.) In the light of the aforesaid observations of Hon'ble Supreme Court, it is necessary to elucidate the fact of the present case. The petitioner was appointed as Clerk in Meerut District Co-operative Bank Ltd., Meerut, (hereinafter referred to as Bank) by means of the order dated 24.7.1959. He was confirmed on the said post in the year 1960. On 1.4.1962 he was appointed as Junior Branch Manager of the Bank. In the year 1963. a dispute regarding pay and other service conditions between the various banks in Uttar Pradesh and their workmen arose. The U. P. Dank Employees Union championed the cause of the employees working in the bank. Ultimately. U. P. Government vide its Government Order dated 30.4.57 read with Government Order dated 4.3.1959 constituted an Industrial Tribunal III at Allahabad and referred the industrial dispute between the workmen and the Management of 50 district/central co-operative banks in U. P. vide notification dated 11.12.1963. The said dispute was registered as Adjudication Case No. 53 of 1963.
(3.) All the issues under reference were arrived at between the parties vide settlement dated 6.5.1965, which was signed by Shri B. B. Rajwanshi on behalf of the banks and Shri P. N. Tewari, President of the U. P. Bank Employees Union. According to issue No, 7 of the said settlement, the age of retirement of employees was fixed at the age of 60 years. According to the petitioner, the said settlement was binding between the establishment of the bank and its employees.;