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| Banks, Societies employees to retire at 58: HC | | | Early Times Reporter
Jammu | Feb 9
The Jammu and Kashmir High Court, settling an important point of controversy, has held 58 years as retirement age for the employees of Cooperative Banks and Societies operating in Jammu and Kashmir.
Justice Nirmal Singh has decided a batch of writ petitions with the reference of judgment of Division Bench which had decided the case and held 58 years for retirement age.
In the petitions submitted that SRO 233 of 1988 dated July 8, 1988 was issued by the Govt in exercise of powers conferred by section 124 of J&K Cooperative Societies Act 1960 which act stands repeal by the J&K Cooperative Societies Act 1989. It is contended 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 have fixed the age of retirement 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 stand already decided by this court in a case titled Ved Pal Sharma Vs Citizens Cooperative Bank and other case 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 Govt 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 the retirement age 60 years and as the said condition runs counter to the statute framed by the Govt, therefore, the order impugned has been issued to bring all the banking institutions/ societies in conformity with the provision of SRO 233.
Justice Nirmal Singh in a approved for reporting judgment after Sr. Adv MK Bhardwaj along with A Abrol, SK Shukla advocates appearing for the petitioners whereas Adv VR Wazir, Vikram Sharma, appeared for the respondents and referred various judgments including the judgment of Division Bench of State High Court 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 58 years. Therefore, the authority concerned has 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. |
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