Rajesh Balia, J. - (1.) This petition has arisen in the following circumstances : The petitioner is a Banking Society registered under the Rajasthan Co-operative Societies Act, 1965 (for short 'the Act of 1965' hereinafter). Respondent No. 2 Hari Ram was appointed as Manager of Gram Sewa Sahakari Samiti by the Rajasthan Cooperative Credit Institutions Cadre Authority Ltd., Jaipur. The salaries to the Managers of the Gram Sewa Sahakari Samitis were dispursed by the petitioner Bank on behalf of the Rajasthan Co-operative Credit Institutions Cadre Authority Ltd t Jaipur.
(2.) A Division Bench of this Court in D. B. Civil Writ Petition No. 1018/79 Kheda Rasulpur Gram Sewa Sahakari Samiti Ltd v. State of Rajasthan & Others, decided on May 9, 1991 held that establishment of the Cadre Authority as a Co-operative Society was against the provisions of Section 6 of the Co-operative Societies Act of 1965 and there cannot be any centralised service or a common cadre of the Managers appointed at various primary agriculture co-operative society. As a consequence thereof, the petitioner Bank is not under an obligation to make payment on behalf of the Authority to the Manages appointed by the Cadre Authority but the primary agriculture society where such Managers have been appointed, is directly responsible for making the payment of their emoluments as the real rilationship of employeremployee exists between the employer society and the Manager.
(3.) In the present case, respondent No 2 has moved an application before the Payment of Wages Authority Bikaner (for short 'the Authority hereinafter), on May 30, 1991 under Section 15(2) of the Payment of Wages Act, 1936, (for short 'the Act of 1936' hereinafter), for recovery of the wages from the petitioner Bank for the period from January 1985 to August 1987, April 1988 to November 1988, January 1989 to March 1989 and from October 5. 1989 to April 1991 alleging that the petitioner has illegally deducted the wages for the aforesaid period.;