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Retirement Age Cooperative Bank Employees
HC stays order of Registrar Cooperative Societies
12/20/2010 9:13:29 PM
EARLY TIMES REPORT
JAMMU, December: 20 (JNF):- Justice Sunil Hali of J&K High Court Jammu Wing stayed the order of Registrar Cooperative Societies J&K issued on November 12, 2010 subject to objections from other side.
According to the orders issued by Registrar Cooperative Societies J&K the retirement age of the employees of Cooperative Institutions including Cooperative Bank as per the provision of SRO 233 of 1988 is 58 years whereas complaints have been received in the office of Registrar that in the J&K State Cooperative Bank employees are continuing in the service of the bank even after attaining the age of 58 years. It has been further reported that some more employees of the bank are attaining the age of 58 years by the end of March, 2011 and apprehensions have been cast for their continuation beyond 58 years of age and appointed Additional Registrar Cooperative Societies Kashmir as Enquiry Officer who will furnish his report.
This order was challenged by the J&K State Cooperative Bank Employees Union and Ors in the state High Court.
Justice Sunil Hali after hearing Advocate PN Raina appearing for the petitioners issued notice to the respondents’ returnable within four weeks.
In the CMP it is contended that while J&K Cooperative Societies (amendment) Act 2010 has been effected in section 176, Act X of 1989. The word Cooperative credit structure societies, has been excluded from the preview of Rule making powers of the State u/s 176, Sub-Clause (2). It is further contended that vide notice November 12, 2010 issues relating to the retirement and service condition of Cooperative Institutions including Cooperative Bank are directed to be enquire by the Additional Registrar. Contention of the petitioner is that Registrar Cooperative Societies J&K has no authority under the Act to issue impugned order in view of the amendment made in the Act in the year 2010. It is further contended that Cooperative Credit Structure Societies includes all the Cooperative Banks.
Upon this Court issued notice to the respondent and ordered that till next date of hearing, order impugned dated November 12, 2010 shall remain stayed. This order is, however, subject to the objections from other sides and directed Registry to list this case after vacation. JNF
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