- (1.) This is second round of lis in the matter of enhancement of age of superannuation of employees of the Rajasthan Cooperative Dairy Federation Limited (for short "RCDF") and various units working under it at different places in the State of Rajasthan.
(2.) The cases have chequered history. Earlier several writ applications have been filed before the Single Bench of this Court being S.B.Civil Writ Petition No.8626/09 Dairy Karamchari Union & ors. V/s The State & ors. and 19 other writ applications which were decided by the Single Bench vide common order dated 25 th February, 2010. In S.B.Civil Writ Petition No.6581/09 which pertained to Paschimi Rajasthan Dugadh Utpadak Sahakari Sang Limited, Jodhpur, the petitioners have challenged the resolution of the Society dated 30.6.2009 keeping the age of superannuation of the employees as 58 years, after noticing the fact that the Managing Director of RCDF has already increased the age of superannuation from 58 to 60 years. The employees of Uttari Rajasthan Sahakari Dugdh Utpadak Sarsh Ltd., Bikaner have filed S.B.Civil Writ Petition No.9000/09 and other writ applications questioning the order dated 1.9.2009 issued by the Society in pursuance of the withdrawal of the order of the Managing Director of RCDF by which the age of superannuation was increased.
(3.) It is not disputed that RCDF is the Apex Society as defined in Section 2(a) of the Rajasthan Cooperative Societies Act, 2001 (hereinafter referred to as "the Act of 2001") and other Societies of various districts of Alwar, Ajmer, Barmer, Kota, Nagaur, Bikaner, Jaipur, Jodhpur, Churu, Hanumangarh etc., whose employees and unions have preferred writ petitions, are the Cooperative Societies as defined in Section 2(i) of the Act of 2001. It was the case set up that the employees working in all the Societies are under the direct supervision and control of RCDF and the RCDF is empowered to frame Service Regulations and in exercise of that power, the RCDF framed the Service Regulations known as "Rajasthan Cooperative Dairy Federation Employees (Non-Workmen) Service Regulations, 1980" (hereinafter referred to as "the Regulations of 1980"). These Regulations have been adopted by various Societies from time to time. It was also submitted that the State Government has also the power to issue appropriate directions to the RCDF and other Cooperative Societies under the provisions of the Act of 2001 and in pursuance thereof, the Government issued an order on 16.6.1990 to the effect that all the Unions (Cooperative Societies) shall adopt Model Service Rules, Cadre and Recruitment Rules, Standing Orders as suggested by RCDF. Clause 12 of the order dated 16.6.1990 is being quoted below:- "12. That the Milk Producers Cooperative Unions shall adopt Model Service Rules, Cadre and Recruitment Rules, Standing Orders as suggested by RCDF from time to time and shall not rescind/alter or modify these rules without the prior approval of the Federation." Clause (3) of the Model Agreement entered into was to the aforesaid effect meaning thereby all the Dairies (Co-operative Societies) agreed to follow all Service Rules and conditions prescribed by RCDF for the employees of the Societies signing the agreement.;