Govind Mathur, J. - (1.) THIS petition for writ is preferred to assail validity, correctness and propriety of the order dated 8.12.2004 passed by the Joint Registrar, Cooperative Societies, Bikaner Division, Bikaner rescinding the resolution N0.5 dated 9.3.1998 (Annex. -11) pertaining to application of the pay -scales to its staff by Bikaner Sahakari Upbhokta Wholesale Bhandar Limited as per the recommendations made by 5th pay commission and also the orders dated 20.12.2004 and 22.12.2004 (Annex. -25 and 26 respectively).
(2.) IN brief, facts of the case are that Bikaner Sahakari Upbhokta Wholesale Bhandar Limited, Bikaner, a Society registered under the Rajasthan Cooperative Societies Act resolved on 9.3.1998 to revise the pay -scales of its employees w.e.f. 1.9.1996 being in profit and also being capable to bear the recurring burden. The resolution aforesaid was considered and approved on 23.3.1998 by the General House of the Society. Accordingly, under an order dated 25.3.1998, the revised pay -scales, in consonance to the Rajasthan Civil Services (Revised Pay -scales) Rules, 1998 (for short 'the Rules of 1998' hereinafter) were made applicable to the employees of the Respondent Cooperative Society. The Joint Registrar, Cooperative Societies, Bikaner Division, Bikaner while exercising powers under Section 32 of the Rajasthan Cooperative Societies Act, 1965 (for short 'the Act of 1965' hereinafter) rescind the resolution aforesaid vide order dated 9.8.1999, but the pay -scales granted were not withdrawn. Therefore, the Joint Registrar, Cooperative Societies, Bikaner Division, Bikaner, therefore, passed consequential orders dated 8.12.2004, 20.12.2004 and acting upon them, the General Manager of the Respondent -Society vide order dated 22.12.2004 withdrew the revised pay -scales and also ordered to effect recovery of the amount said to be paid in excess to the employees. Being aggrieved by the order dated 10.8.1999 and all its consequential orders referred above, this petition for writ is preferred.
(3.) IT is submitted by learned Counsel for the Petitioners that the Cooperative Society after considering its financial position reached at a definite conclusion that it can bear liability arising due to extension of revised pay -scales and also being in profit, thus, there was no need to rescind the resolution dated 9.3.1988. It is urged that the power under Sub -section (2) of Section 32 of the Act of 1965 could have been exercised only in the interest of the Society and that was not at all going to be adversely effected on execution of the resolution rescind.;