Kanwaljit Singh Ahluwalia, J. - (1.) By way of present petition, the petitioners have challenged the amended Rule 1.3 and 1.3 (A) of the Haryana State Central Cooperatives Consumer's Stores Staff Service (hereinafter referred to as the Common Cadre Rules) on the ground that the said amended Rules are unconstitutional and against the provisions of law.
(2.) Briefly, the case of the petitioners is that they are the employees of Haryana State Federation of Consumer's Wholesale Stores Limited, Chandigarh (hereinafter referred to as 'CONFED'). It has been averred that CONFED is a cooperative society registered under the Punjab Cooperative Societies Act, 1961. It has been further averred that the petitioners were appointed as salesman by the Managing Director of CONFED. In the year 1979, the respondent federation CONFED framed the Haryana State Central Cooperatives Consumer's Stores Staff Service (Common Cadre Rules). Such rules were framed with the prior approval of the Registrar as required under the Section 84-A of the Punjab Cooperative Societies Act, 1961. Section 84-A basically provides for the constitution of the common cadre of all or specific class of employees in the service of the said societies. The Common Cadre Rules were applicable to all the employees including salesman except Class IV employees. Under the Common Cadre Rules the employees could be transferred from one store to another store in the State which were members of CONFED. The employees could also be transferred in the branches of the CONFED throughout the State.
(3.) In the year 1983, the respondent federation amended Rule 1.3 and 1.3 (A) of the Common Cadre Rules. By virtue of this amendment, the post of salesman, drivers, clerks, helpers and storekeepers were brought out of the ambit of the Common Cadre Rules and all the employees who were holding the above-mentioned posts were ordered to be allocated, to the stores where-ever the employees were working. The relevant provisions of Common Cadre Rules framed in the year 1979 along with the amended Rules, 1983 as mentioned in para 7 of the petition are being reproduced below: " Existing Rules Amended Rules 1.3) These rules shall apply to all employees of the State Federation and Central Coop. Cons. Stores except Class-IV employees of the Federation and Central Coop. Cons. Stores who are not borne on the common Cadre. Provided that in case of the employees whose services are lend to the Federation or the Govt. or any other agency by the Registrar, Coop. Societies, Haryana, these rules shall apply only to such extent as may be specified in the terms and conditions of deputation agreed upon with the competent authority; Further provided that the existing employees of the Federation/ Stores covered by these rules, shall be taken over on the Common Cadre provided they had been promoted/recruited by the competent authority. 1.3) These rules shall apply to all employees of the State Federation and Central Coop. Cons. Stores except helpers, peons, drivers, Salesmen, Clerks and Storekeepers. The above categories of employees viz. Helpers, Peons, Drivers, Salesmen, Clerks and Store-keepers working with Central Coop. Cons. Stores, shall not be borne on the common cadre of the Federation. Provided that in case of employees whose services are lent to the Federation by the Govt./Registrar or any other institution, these rules shall apply only to such extent as are specified in the terms and conditions of deputation agreed upon by the competent authority; Provided further that all Helpers, Peons, Drivers, Salesmen, Clerks and Store-keepers working in Cooperative Stores on the date of enforcement of these rules shall stand allocated to the stores where they are working; Provided further that an employees aggrieved of above allocation may make an appeal to Staff Committee of the Federation for change in allocation within six months of the date of enforcement of these rules. The decision of the Staff Committee, thereon, shall be final; Provided further that Storekeepers employed by the Central Coop. Cons. Stores shall be eligible for promotion to the rank of Asstt. Manager borne on the Common Cadre of the Federation. The Federation shall prepare a joint seniority list of Store-keepers working both in Stores and Federation for purposes of promotion. 1.3(A) Notwithstanding anything contained in any resolution of bye-laws of the State Federation or a Central Coop. Cons. Store, the State Federation or a Central Coop. Cons. Store shall not make any appointment beyond the sanctioned Staff strength. Provided that the Committee of the State Federation or of a Central Coop. Cons. Store shall sanction Staff strength with the prior approval of the Registrar. Provided further that all future vacancies occurring in Central Coop. Cons. Stores shall be reported to the State Federation for providing suitable incumbents who may, on their discretion, lend the services of suitable persons on deputation or provide suitable persons for appointment to work against the vacancies and that fresh recruitment shall only be made by a Central Coop. Cons. Store after obtaining Non-Availability Certificate from the State Federation.";