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1980 DIGILAW 24 (MP)

LALJI PRASAD AGRAWAL v. REGISTRAR CO-OPERATIVE SOCIETIES M P

1980-01-29

FAIZAN UDDIN, G.P.SINGH

body1980
JUDGMENT : ( 1. ) THE petitioner in this petition are all employees of the Bilaspur District Co-operative Central Bank Ltd. By the impugned orders in this petition, they have been retired on the ground that they have completed 30 years of service. The petitioners have not completed 58 years of age. The petitioners contention in this petition is that Rule 61 (I) of the M. P. Cooperative Central Bank Employees Service Rules, 1977 under which they have been retired is invalid and void in so far as it permits retirement on completion of 30 years of service. ( 2. ) THE said rules were made by the Registrar of Co-operative Societies in exercise of the power conferred on him under section 55 of the M P. Cooperative Societies Act, 1960. Rule 61 so far as relevant reads as follows : "61 (1) Every employee of the Bank shall retire at the age of 58 years or 30 years after commencement of his service in the Bank whichever is earlier: provided that in all cases, the Board may extend the period of service of an employee from year-to-year upto the age of 60 if in the opinion of the Board, the services of an employee concerned are necessary and he is medically fit to continue. But in each case they will have to record reasons in detail for such an extension. " ( 3. ) THE argument of the learned counsel for the petitioners is that rule 61 in permitting retirement after completion of 30 years of service is discriminatory and violates Articles 14 and 16 of the Constitution because there is no such provision in the rules made for the employees of the District land Development Banks. ( 4. ) ARTICLE 16 (I) of the Constitution on which reliance has been placed guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. The words "matters relating to employment or appointment" are wide enough to cover conditions of termination of service. There cannot be, therefore, an arbitrary discrimination in terminating the services of a particular employee. The words "matters relating to employment or appointment" are wide enough to cover conditions of termination of service. There cannot be, therefore, an arbitrary discrimination in terminating the services of a particular employee. Article 16 in the instant case, however, has no application for the simple reason that the guarantee conferred by this Article is restricted to employment or appointment under the State and it is settled by a Full Bench decision of this Court that a co-operative society is not a State as denned in Article 12 of the Constitution. Ram Swarup Gupta v. M. P. State Co-operative Marketing Federation Ltd. and others (1976 M P L J 376. ). The petitioners who were not employees of the State but of the respondent-District Central Co-operative Bank cannot claim any right under article 16 of the Constitution. The question then is whether the petitioners right under Article 14 of the Constitution has been violated. This Article guarantees that the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The Registrar is a statutory authority constituted by the Co-operative Societies Act. The Registrar has power to make rules under section 55 regulating the conditions of service of employees of co-operative societies. The Registrar is, therefore, a statutory authority with delegated power to make rules having the force of law and is in that sense an instrumentality or agency of the government. Having regard to the test laid down by the Supreme Court in rajasthan State Electricity Board v. Mohan Lal and others, (AIR 1967 S C1857.), Sukhdev Singh v. Shagatram, (AIR 1975 S C 1331.) and Ramaya v. I. A. Authority of India, (AIR 1979 S C 1628, pp. 1646-47.) the Registrar must be held to be falling within the definition of "other authorities" under Article 12 of the Constitution and hence a State for purposes of Part III of the Constitution. The Registrar, therefore, in making rules under section 55 cannot deny to the employees of co-operative societies equality before the law or the equal protection of the laws in view of the guarantee contained in Article 14 of the Constitution. ( 5. The Registrar, therefore, in making rules under section 55 cannot deny to the employees of co-operative societies equality before the law or the equal protection of the laws in view of the guarantee contained in Article 14 of the Constitution. ( 5. ) THE question that remains is whether, in framing the rule permitting retirement of the employees of Co-operative Central Banks on completion of 30 years service, the Registrar has in fact contravened Article 14 of the constitution. Till 1963 there was a State Co-operative Bank at the State level and District Central Co-operative and Land Mortgage Banks at the district level. In 1963 there was a bifurcation. The State Co-operative Bank was divided into two units: (1) State Co-operative Bank and (2) State Cooperative Land Development Bank. Similarly, at the District level, (1) District central Co-operative Banks and (2) District Land Development Banks were constituted. Under the rules applicable to the employees of the District central Co-operative and Land Mortgage Banks before the bifurcation in 1963 an employee retired from service after completion of 30 years of service or 55 years of age. Rules were then made in 1965 for District Central Cooperative Banks. In these rules also, an employee of a District Central Cooperative Bank could be retired at the age of 55 years or on completion of 30 years of service. Thereafter the impugned rule was made in 1977. It will be seen that under the impugned rule an employee can be retired at the age of 58 years or after 30 years of service whichever is earlier The Board can, however, extend the period of service of an employee upto the age of 60 if in the opinion of the Board the services of the employee concerned are necessary and he is medically fit to continue. In 1973, rules governing employees of District Land Development Banks were made. Under these rules an employee of a District Land Development Bank retires at the age of 55. The Registrar, however, has power to extend the service upto the age of 58 years. In 1973, rules governing employees of District Land Development Banks were made. Under these rules an employee of a District Land Development Bank retires at the age of 55. The Registrar, however, has power to extend the service upto the age of 58 years. The argument of the learned counsel for the petitioners is that an employee of the District Land Development Banks does not retire after completing 30 years of service and that is so far as the employees of District central Co-operative Banks are required to retire after completing 30 years of service, there is a discrimination which is hit by Article 14. Now the District central Co-operative Banks and District Land Development Banks after 1963 constitute two different categories of co-operative banks. It is not disputed that employees of all District Co-operative Central Banks are governed by the same rules. The alleged discrimination is not between employees of the same category of employers but between employees employed by two different categories of employers. Section 55 itself visualises that the rules governing the terms of employment and working conditions may be made by the Registrar in respect of a society or a class of societies. The petitioners cannot claim equality with the employees of the District Land Development Bank who constitute a different class. The rules relating to terms of employment and conditions of service including conditions of retirement have to be naturally framed by the Registrar having regard to the general financial condition of a particular class of co-operative banks, the nature of duties generally assigned to an employee, the scope of employment, the prospects of promotion etc. A district Central Co-operative Bank deals in short and medium term loans. A short term loan is payable within a year. A medium term loan is payable within three years. These loans are generally advanced to agriculturists by creating a charge on land of or a pledge of goods. The District Land development Bank deals with long term loans. A long term loan is a loan which is not repayable before seven years. The loans are granted against mortgage of lands. A medium term loan is payable within three years. These loans are generally advanced to agriculturists by creating a charge on land of or a pledge of goods. The District Land development Bank deals with long term loans. A long term loan is a loan which is not repayable before seven years. The loans are granted against mortgage of lands. Here there is no data for deciding as to what is the scope of employment in the District Central Co-operative Banks and in district Land Development Banks We have also no data before us to know the financial position of these banks and the details regarding the nature of work which the employees are required to do. Prima facie, these banks constitute different categories and the employees of banks falling in one category cannot claim equality with the employees of banks falling in the other category. Further, the rule of compulsory retirement relating to the employees of District Central Co-operative Banks is in one sense more beneficial as compared to the rule relating to the employees of the District Land development Banks. The age of retirement in case of the former is 58 whereas in case of the latter it is 55. It is presumed that the Registrar in framing the rules must have taken into account all relevant details relating to different categories of Banks. In these circumstances, we are unable to hold that the petitioners have been successful in making out any case of discrimination violating Article 14 of the Constitution. ( 6. ) THE petition fails and is dismissed. There shall be no order as to costs. Security amount be refunded to the petitioners. Petition dismissed.