SANJAY KISHAN KAUL, ARUN PALLI, JJ. - (1.) ON 31.1.2014, the present case was adjourned to 8.5.2014. At the joint request of learned counsel for the parties, the matter, which is on the regular board of this Court, is taken up for hearing, and is being disposed of.
(2.) EMPLOYEES of the Punjab State Federation of Consumers Cooperative Wholesale Stores Limited (hereinafter referred to as 'Constofed'), a Cooperative Society registered under the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as 'the said Act'), stated to be wholly owned by the State of Punjab, filed Civil Writ Petition No.4975 of 1999 before this Court, seeking parity of pay scales with other employees of agencies like Markfed, Sugarfed, Weavco, Housefed and Spinfed, claiming that the recommendations of the 4th Pay Commission had not been implemented qua them and certain benefits of revised pay scales were also restricted from 1.11.1989 instead of 1.1.1986. Constofed, apparently, went through financial difficulties with its survival itself coming into question with the result that the aspect of its merger with the Punjab State Cooperative and Marketing Federation Limited (hereinafter referred to as 'Markfed') was examined and an amalgamation order was passed by the Registrar, Cooperative Societies, Punjab, on 30.6.2000. Constofed had been brought under liquidation under Section 57 of the said Act. This order was, however, assailed before this Court in Civil Writ Petition No.9075 of 2000 and in terms of order dated 15.9.2000, the writ petition was allowed quashing the amalgamation proceedings on account of certain defects but with leave to the Registrar to consider the process de -novo, in accordance with the provisions of the said Act. It is, thereafter, that after initiating proceedings in accordance with the said order, that order dated 17.5.2001 came to be passed, which dealt with the objections/claims and the amalgamation was directed on the following terms and conditions set out in para 10.0 : - "i) Markfed will take over all assets and liabilities of Constofed; ii) All the 54 employees of Constofed will be absorbed in Markfed in equivalent rank and pay. However, these 54 posts will be treated as personal posts meaning thereby that the posts will be abolished as soon as any of these employees retires, resigns or dies; iii) The other terms and conditions will be governed by Markfed Employees' Rules from the date they join the service in Markfed; iv) Markfed will issue a Share Certificate of the face value of shares to the shareholders of Constofed within three months from the order of amalgamation; v) Leased and rented building of Constofed will be taken over by the Markfed immediately after the amalgamation. These buildings will be used for the purpose, for which these were allotted/leased/rented to Constofed; vi) The liabilities on account of claims noted at (i) to (xii) above, would be subject to the outcome of judicial proceedings, if any, pending with the competent authorities; and vii) The liabilities arising out of business dealings as noted above in para No. 7.0 would be taken over by Markfed in keeping with the last audited books of account of Constofed and may be handed over to them by Constofed."
(3.) WE are informed that this order became final though it was sought to be assailed by some employees by filing Civil Writ Petition No.10283 of 2001, which was dismissed as withdrawn on 30.4.2012. It is in the conspectus of the aforesaid amalgamation that, ultimately, Civil Writ Petition No.4975 of 1999, referred to aforesaid, came to be decided by the learned Single Judge on 5.8.2004. ;