S.D. Anand, J. - (1.) Petitioner No. 1 was in employment of Jalandhar Co -operative Cannaries Ltd., Jalandhar. Petitioner No. 2 was also in employment of that Institution. In the year 1973, the Markfed Co -operative Cannaries, Jalandhar merged with the Punjab State Co -operative Supply & Marketing Federation Limited Chandigarh w.e.f. 25.11.1972 vide order dated 7.8.1973. The petitioners, on that account, became employees of the Markfed. On account of indictment for defalcation, penalty of compulsory retirement was imposed upon them. The pure and simple plea of the petitioners is that the impugned penalty deserves to be invalidated inasmuch as it had been imposed by the Managing Director who was not competent to impose it. The plea, in the context, is that in terms of the Punjab State Supply and Marketing Co -operative Service (common cadre) Rules, 1967, it is the Administrative Committee which is competent to make appointments and to impose the indicated punishment.
(2.) The respondent Markfed re -iterated the correctness of the impugned penalty by averring that the petitioners are not governed by the Common Cadre Rules but by the Model Standing Orders and other industrial laws which are applicable to the persons of the category to which the petitioners belong. The respondent also raised a preliminary objection to the maintainability of the present petition on the plea that the petitioners being workmen within the ambit of the Industrial Disputes Act, have an alternative and equally efficacious remedy available to them under that Act.
(3.) I have heard Mr.DS Patwalia, learned Counsel for the petitioners, Mr.Arun Nehra, learned Counsel for respondent No. 1 and have carefully gone through the file.;