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| HC fixes ‘58’ as retirement age in cooperatives | | | Early Times Reporter
Jammu | Feb 9
Justice Nirmal Singh of J&K High Court, Jammu Wing, in batch of writ petitions filed by the employees of cooperative banks and societies over retirement controversy decided all the writ petitions with the reference to Division Bench judgment and held 58 years age for retirement.
Justice Singh in an approved for reporting judgment after hearing Sr. Adv MK Bhardwaj along with A Abrol, SK Shukla advocates appearing for the petitioners whereas Adv VR Wazir and Vikram Sharma, appeared for the respondents referred various judgments including the judgment of Division Bench of State High Court and observed that when the bye-laws framed by the cooperative societies/ banks are not registered under the Act and run counter to the statute, these can be termed as inconsistent and cannot be directed to be applicable regarding governing of the service conditions so far as age of retirement is concerned. The age of retirement of the employees of the societies/ banks as per the provisions of SRO 233 of 1988 has been fixed at 58 years. Therefore, the authority concerned have rightly passed the order impugned to bring all the banking institutions/ societies in conformity with the provisions of the SRO which would be applicable in the present case, as bye-laws framed by the societies have not been registered under the Act. With these observations Court dismissed all the petitions which are found to be without merit.
In the petitions it was submitted that SRO 233 of 1988 dated July 8, 1988 was issued by the Government in exercise of powers conferred by section 124 of J&K Cooperative Societies Act 1960 which Act stands repealed by the J&K Cooperative Societies Act 1989. It is contended that under the new Act, the J&K Cooperative Societies Rules 2001 have been formulated. As per rule, a society may make bye-laws. It is further submitted that Cooperative Societies/ Banks have framed the bye-laws governing the service conditions of their employees and as per the said bye-laws the retirement age has been fixed at 60 years. It is thus submitted that the petitioners in terms of the said condition laid down in the bye-laws are to retire at the age of 60 not at the age of 58.
The respondents in their objections stated that the controversy, raised in the present petitions stands already decided by this Court in a case titled Ved Pal Sharma Vs Citizens Cooperative Bank and other case titled Bachan Dass and Ors Vs State and ors and therefore, the present writ petitions are not maintainable. It is stated that the bye-laws framed by the societies/ banks run counter to the rules framed by the Government under SRO 233 and the condition of service of the employees of all the societies would be deemed to have been governed by the said SRO. It is thus stated that some cooperative societies/ banks have framed the bye-laws fixing 60 years as retirement age which runs counter to the statute framed by the Government therefore, the order impugned has been issued to bring all the banking institutions/ societies in conformity with the provisions of SRO 233. JNF |
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