HINDU CO-OPERATIVE BANK Vs. STATE OF PUNJAB AND OTHERS
LAWS(P&H)-2011-8-395
HIGH COURT OF PUNJAB AND HARYANA
Decided on August 24,2011

HINDU CO-OPERATIVE BANK Appellant
VERSUS
STATE OF PUNJAB AND OTHERS Respondents

JUDGEMENT

- (1.) The present petition has been filed for quashing of letter dated 22.6.2010 vide which the claim for release of Dearness Allowance to the petitioner-Association has been declined and also for issuing directions to the respondents to release the Dearness Allowance to the petitioner- Association.
(2.) The petitioner is an Association of employees of Hindu Cooperative Bank and the grievance of the petitioner-Association in the present petition is that the members of the Association have not been paid Dearness Allowance for the last two years, whereas, they are entitled for the same at par with the employees of Punjab Government. Mrs. G.K. Mann, learned counsel for the petitioner-Association C.W.P. No. 17181 of 2010 (2) submits that the services of the members of the petitioner-Association are governed by Punjab Urban Cooperative Bank Service Rules, 2001 and they are entitled for Dearness Allowance, which has wrongly been declined. They have made various representations and subsequently a legal notice was also sent for the said relief but the same has not been granted. Learned counsel further submits that Dearness Allowance has been granted to the employees of State of Punjab but the same has not been granted to the petitioner-Association, whereas, they are also entitled for the same being at par with those employees. The respondent-Bank has been incorporated and registered under the Punjab Cooperative Societies Act and the affairs of the Bank are controlled and supervised by the Registrar, Cooperative Societies and since they are performing a public duty and as such it falls within the meaning of State/other authorities as defined under Section 12 of the Constitution of India. Learned counsel for the petitioner has also relied upon the judgment of this Court in C.W.P. No. 19224 of 2006 titled as The Hindu Urban Cooperative Bank Limited Vs. The State Information Commission and others to support her contention.
(3.) Reply on behalf of respondents No.1 to 3 has already been filed and the same is on record.;


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