- (1.) The challenge here in this writ is to the orders Annexures P-5 and P-6. Vide letter dated 16.9.1992 (Annexure P-6), all the Managers in the Central Cooperative Banks Limited in the State of Punjab were informed that pay of all the employees should be fixed strictly in accordance with the clarification issued by the Registrar, Cooperative spcieties, Punjab and interim relief be not given on A.D.A. in consequence of order Annexure P-6. The Jalandhar Central Cooperative Bank Limited, Jalandhar, vide resolution dated 23.12.1992 resolved that pay of the bank employees be refixed without counting A.D.A. as on 1.10.1981. Further, the amount paid in excess may be adjusted from any arrears payable and the remaining amount be recovered from the monthly pay of the employee at the rate of Rs. 300/- per month.
(2.) One of the points asking for setting aside order Annexure P-6 and consequential order Annexure R-4/1 is that while passing the order the employees i.e. the petitioners were not heard in the matter. It is contended that inasmuch as it had affected their right, the well settled principle of law required the bank to hear the petitioners before passing the orders. At this stage, the learned counsel for the petitioners contends that he will not press any other ground and his clients would be satisfied if the orders, Annexure P-6 and R4/1, are set-aside and an opportunity of hearing is given to them. In case, however, the decision again turns against them, they in that eventuality would file a fresh petition challenging the same.
(3.) Mr. Masih, learned Assistant Advocate General, appearing on behalf of respondent-State, however, contends that no hearing was required to be given to the petitioners while passing notice (P-6) as all the Managers in the Central Cooperative Banks Limited in the State of Punjab were informed that pay of all the employees should be fixed in accordance with the clarification issued by the Registrar, Co-op. Societies, Punjab and interim relief be not given on ADA. It is contended that in the aforesaid notice,' petitioners' rights were not affected in any manner. Whether it was necessary or not to hear the petitioners while issuing notice, Annexure P-6, is not much relevant. The order which affected the petitioners i.e. Annexure R4/1, with regard to reduction of pay, was admittedly passed without hearing them. In asmuch as, order, Annexure R4/1 is in consequence of order passed on September 16, 1992 (Annexure P-6), there is no choice but for to quash the same. It is settled law that rights of the parties cannot be adversely affected without following the principles of natural justice i.e. hearing them in the matter. Notice, Annexure P-6, and consequential order, Annexure R4/1, have been passed without following the principles of audi-altrem-partem which has been so well entrenched.;