BANGALORE CENTRAL CO-OPERATIVE BANK LTD Vs. MYSORE REVENUE APPELLATE TRIBUNAL BANGALORE

JUDGEMENT

(1.) The Petitioner is the Bangalore Central Co-operative Bank which is a Co-operative Society registered under the Mysore Co-operative Societies Act, 1918. Respondent 3 was appointed as a clerk in that society on February 18, 1948 There was no provision in the Mysore Co-operative Societies Act, 1918 for superannuation, and, for the first time a provision was made in that regard by the 50th rule of the rules made under the Mysore Co-operative Societies Act, 1948 entitled the Mysore Co-operative Societies Rules, 1952. That Rule reads:

(2.) The clear meaning of this rule is that no employee could be retired from service until he attained 60 years of age, although power was reserved in the employer to continue his service even after the attainment of the age of superannuation.

(3.) Mysore Co-operative Societies Act, 1948 was repealed by the Mysore Co-operative societies Act, 1959, and, rule 18(a)(2) of the rules made under the repealing Act incorporated a somewhat different provision for superannuation. That rule as it was printed by the Law Department of the Government of Mysore read:-