- (1.) "This petition has been filed by Alwar Urban Co-operative Bank Limited assailing the order dated 20.07.2014 passed by the Disability Commissioner. In the aforesaid order, the Disability Commissioner has set aside the order dated 11.06.2014, by which the respondent was compulsorily retired from service only on the ground that he has been rendered disable to the extent of 70% during service with the petitioners. The Disability Commissioner has directed the petitioner to reinstate the said respondent Dinesh Chand Choudhary forthwith in compliance with the provisions of Section 47(1) of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (hereinafter referred to as "the 1995 Act").
(2.) Mr. Mahesh Mudgal, Chief Executive Officer, Alwar Urban Co-operative Bank Limited, present in person, has submitted that the petitioner-Bank is a co-operative society registered under the Rajasthan Societies Registration Act, 1958 and therefore, it could not be taken as an "establishment" in the meaning of Section 2 (k) of the 1995 Act. Therefore, the provisions of Section 47 of the 1995 Act are not applicable to it. It is argued that the service conditions of the petitioner-Bank are covered by the Urban Co-operative Banks Employees Service Rules, 2006 (hereinafter referred to as "the 2006 Rules"). The petitioners have invoked Rule 15 of the 2006 Rules and in compliance thereof, paid to the respondents salary of three months in advance in lieu of notice of three months along with other allowances with the order of his compulsory retirement dated 11.06.2014.
(3.) Mr. Mahesh Mudgal has invited attention of this Court towards the Rule 15 of the 2006 Rules which, inter alia, provides the procedure of compulsory retirement. Rule 15 of the 2006 Rules, relied upon by the petitioner reads as under : "15. Compulsory Retirement : (i) At any time, after a Bank employee has completed 15 years qualifying service or has attained the age of 50 yeas, whichever is earlier, the Board of Directors, upon having been satisfied that the concerned employee has on account of his indolence or doubtful integrity or incompetence to discharge official duties or inefficiency in due performance of official duties, has lost his utility, may require the concerned employee to retire in Bank interest giving specific grounds to arrive at the decision. In case of such retirement, the employee shall be entitled to retiring benefits. (ii) In such a case, the Bank shall give a notice in writing to the employee at least three months before the date on which he is required to retire in the bank interest or three months" pay and allowances in lieu of such notice.";