- (1.) THE petitioner is a Co -operative Society registered under the provision of the Jharkhand Co -operative Societies Act which was engaged doing business such as stone crushing plying of Mini Bus, carrying muck to its destination through trucks belonging to the Society but during passage of time, all the businesses due to various reasons were closed and presently the Society is engaged in providing credit by way of financial help to its member. Due to aforesaid reason, profit of the Society decreased considerably beyond its expectation, though establishment cost of the Society went on increasing and under these circumstances, Management of the Society thought it proper to reduce the number of the staff of the Society to stem deterioration of the financial condition and therefore, the matter was brought to the knowledge of the General Body of the Society and the General Body in its meeting held on 25.2.2001 having realized the financial crises, approved the proposal of the Managing Committee to reduce the number of staffs of the Society and authorized the Management of the Society to take suitable decision. Thereupon, the Management of the Society after giving due consideration of all the circumstances took decision to propose to four employees (respondents 4 to 7) to have voluntary retirement under the voluntary retirement scheme in order to reduce the number of excess staffs and the Management took the decision having regard to the fact that the Society would have lesser financial burden in getting respondents 4 to 7 voluntary retired as the Society would have to pay lesser amount to these respondents than the other employees of the Society which fact would be apparent from the chart of the employees showing the amount which would have been incurred if those persons are asked to take voluntary retirement. As per the case of the petitioner, other considerations such as inefficiency and indulgence in malpractices were also taken into account. Consequent upon the decisioh taken by the Management, letters dated 18.4.2001 were issued to respondents 4 to 7 asking them to accept voluntary retirement scheme, otherwise they will be retrenched from the service.
(2.) THEREUPON , respondents 4 to 7 filed Misc. Case NO.5 of 2001 before the Court of Assistant Registrar, Co -operative Society, Jamshedpur who upon hearing the parties passed the order on 16.5.2002 whereby he set aside the letter dated 18.4.2001 on the grounds that Society has offered voluntary retirement to senior employees of the Society for which no approval under the provision of Rule 33 of the Jharkhand Co -operative Society Rules was taken and secondly that action of the petitioner in offering voluntary retirement to respondents 4 to 7 would put extra financial burden upon the Society. Being aggrieved by the said order, the petitioner preferred appeal before the Joint Registrar, Co -operative Society, respondent no. 2 as the grounds on which the letter dated 18.4.2001 was quashed, were not tenable.
(3.) AS per the case of the appellant, the appellant remained present on all the dates which were fixed but the matter could not be heard but suddenly the matter was taken up for hearing on 23.12.2002 though the appellant had no knowledge of that date and disposed of the case by upholding the order passed by the Assistant Registrar.;