S.S. Sudhalkar, J. - (1.) This application for vacation of stay has been filed with the written statement on behalf of respondents No. 4 and 5. Office is directed to give number to the same.
(2.) We have heard learned counsel for the parties regarding the application for vacation of stay and this order is confined to the question of Stay/Vacation of stay only.
(3.) The main writ petition is filed by the employees of respondent No. 5 Society. They contended that they joined as Clerk and Salesman in the years 1985 and 1979 respectively. They also contended that respondent No. 3 vide its letter dated 15.11.1999 in response to the representations filed by the petitioners had recommended to the Assistant Registrar of the Cooperative Societies that employees be given annual pay increment and other emoluments on the basis of the salary which they were drawing as on 25.10.1991 and their service books be got completed. It is further contended that respondent No. 5/Society in compliance with the instructions issued by respondent No. 2, issued notice to its Members as well as respondents No. 3 and 4 notifying that the meeting of the Managing Committee will be held on 17.1.2000 to consider the grant of arrears to the members of respondent No. 5/Society. This agenda was circulated through post by U.P.C. and was served on the Members. The agenda item was issued on 14.3.2000 for holding a meeting on 21.3.2000 and that was also circulated. It is further contended that on 21.3.2000, while considering agenda item No. 2, it was decided that respondent No. 5 society will grant the pay scale and dearness allowance to the petitioners w.e.f. 1.1.1998 subject to the condition that they furnish tangible and cash security and also indemnity bond in case the earlier writ petition is decided against the employees of the Society. Respondent No. 5 also approved that the arrears of salary be released in favour of the petitioners. The arrears were thereafter released to the tune of Rs. 48,520/- to each of the petitioners and arrears of salary w.e.f. 1.1.1998 to 31.3.2000 and arrears w.e.f. 1.1.1994 to 1.1.1998 are still outstanding. However, on 26.4.2000 respondents No. 3 and 4 without resorting to any legal procedure prescribed under Section 27 of the Haryana Cooperative Societies Act (hereinafter referred to as "the Act") for resciding the resolution of the Cooperative Societies passed an order ordering respondent No. 5 to recover the disbursement of arrears of salary of the petitioners. Hence the petitioners filed a Writ Petition with a prayer to quash the order dated 26.4.2000 (copy Annexure P/6) issued by respondents No. 3 and 4 vide which the arrears of salary has been ordered to be recovered from the petitioners without following proper procedure and have also prayed for a writ of Mandamus directing the respondents not to recover the arrears of salary disbursed to them.;