SANDEEP MEHTA,J. - (1.) HEARD learned counsel for the parties. Perused the material on record as well as the decisions cited at the bar. All these four writ petitions involve common questions of law and facts and are thus being decided by this common order. For the sake of convenience, the facts of S.B.Civil Writ Petition No. 1508/2011 are taken note of.
(2.) THE petitioners herein are all employees (since retired) of the Nagaur Central Cooperative Bank (hereinafter referred to as 'the Bank'). They have approached this Court assailing the legality and validity of the order Annexure -9 dated 16.12.2008 passed by the Managing Director cum Administrator of the Nagaur Central Cooperative Bank whereby a decision was taken not to enhance the retirement age of the Bank's employees from 58 to 60 years.
(3.) THE Registrar, Cooperative Societies acting under Section 39 of the Cooperative Societies Act issued an order Annexure - 5 dated 17.9.2008 authorizing the cooperative societies who were running in profit for the previous three financial years and were operating within the sanctioned staff strength to enhance the retirement age of their employees from 58 years to 60 years. It is claimed in the writ petition that pursuant to the above order dated 17.9.2008 an office note was moved for enhancing the retirement age of the Bank's employees from 58 years to 60 years considering that the bank was working within the sanctioned staff strength and was running in net profits in the relevant financial years i.e. 2005 -06, 2006 -07 and 2007 -08. At the relevant time, the Collector, Nagaur was acting as Administrator of the bank because Board of Directors was disbanded. The Collector appended a note in the proceedings that the audit report be placed for his perusal. In pursuance of the said note, proceedings were drawn in the file to the effect that the bank was in profits in the previous three financial years. The administrator expressed apprehension about perennial future losses on account of extra burden emanating from waiver of agricultural loans proposed by the Central Government and thus, as per him, the possibility of bank's future profits being reduced existed. Accordingly, the Collector cum Administrator issued an order Annexure -9 dated 16.12.2008 communicating a decision not to enhance the retirement age of the Bank's employees beyond 58 years for the relevant period which order is under challenge in the instant writ petition.;