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| DB dismisses Cooperative Agriculture Bank employees’ appeal on retirement age | | | Early Times Report
Jammu, Apr 14- A Division Bench of J&K High Court Jammu Wing comprising Chief Justice Barin Ghosh and Justice JP Singh has dismissed the appeal filed by the employees of State Cooperative Agriculture Rural Development Bank Ltd claiming that they are entitled to serve their bank until the age of 60 years and not 58 years.
In the approved for reporting judgment written by Chief Justice Barin Ghosh for the Division Bench, after hearing both the sides, observed that the 1988 Rules framed by the Government, governing the service conditions of the employees of the Cooperative Societies, including those of employer society, still are in force and as such, there is no scope of interference with the judgment order under appeal. However, DB further pointed out that the said rules have made a great departure from what had been provided in the 1988 Rules having granted power to the Cooperative Societies to frame Rules pertaining to service conditions of their employees as part of their bye-laws. The 1988 rules would become inconsistent with the rules governing service conditions as and when framed by cooperative societies in their bye-laws liberty for which has been granted by the said rules. At the same time, there being no authoritative pronouncement that the rules governing the service conditions made by the societies prior to coming into force of the 1988 rules were repealed by the 1988 rules, the petitioners did have reason to come to the Court to seek continuation of their service till 60 years and in the circumstances, “though we dismissed the appeal but make it clear that the petitioners having rendered service despite having crossed their age of 58 years on the strength of the orders of Court, should not be made to repay any part of their salaries drawn in course thereof”. JNF
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