SITA RAM SHARMA v. DISTRICT ASSISTANT REGISTRAR, CO-OPERATIVE SOCIETIES
1992-05-06
D.P.S.CHAUHAN
body1992
DigiLaw.ai
D. S. P. CHAUHAN, J. ( 1 ) THE petitioner, with the approval of the District Assistant Registrar Co-operative Society, U. P. District Bulandshahar, dated 18-3-1991, was appointed as Clerk/assistant Amin in Sadhan Sahkari Samiti Limited, Jawal, vide letter of appointment dated 20-3-1991, pursuant to which the petitioner joined his services. Before joining his services the petitioner was required to give certain informations vide letter of the Assistant Secretary, Block Development Officer (Co-operative) dated 13-1-1992. In para 3 of the said letter it was stated that the petitioner was not qualified for the post of Clerk and at the time of his appointment, he was, overage and was not eligible for appointment, and on this his service would, be terminated. The petitioner on 17-1-1992 submitted a reply to the District Assistant Registrar, Co-operative Society, Bulandshahar, dated 7-1-1992, and the letter of the Block Development Officer dated 13-1-1992. Services of the petitioner were terminated by resolution of the Committee of Management No. 2 dated 22-2-1992, which was communicated by the Secretary of the Sadhan Sahkari Samit Limited, Jawal, to the petitioner. This order dated 22-2-1992 is the subject matter of challenge in the present petition. ( 2 ) HEARD the learned counsel for the petitioner. ( 3 ) LEARNED counsel for the petitioner submits that the services of the petitioner are governed by the U. P. Co-operative Societies Employees Services Regulations 1975, and the order of termination is bad as it is not in accordance with the provisions of Regulation 19 which is as extracted below :"19. Termintion. Services of an employee shall be terminable : (a) in case of a temporary employee, on one months notice in writing on either side, or in lieu thereof by payment of one months salary by the party which gives notice : provided that in case of direct appointments made for a specific period, it shall not be necessary to give any notice or any pay in lieu thereof. Explanation. specific period means stated period of less than six months. (b) by three months notice in writing on either side in case of a confirmed employee. Explanation.
Explanation. specific period means stated period of less than six months. (b) by three months notice in writing on either side in case of a confirmed employee. Explanation. (1) A notice given by an employee under Regulation No. 19 shall be deemed to be proper only if he remains on duty during the period of the notice : provided that the employee may be allowed on request to avail such portion of earned leave as may be due to him which shall however not exceed the notice period. (2) The expression month used in this regulation shall be a period of thirty days commencing on the date immediately following the date on which the notice is received by the employee of the appointing authority, as the case may be". He submits that under this regulation even services of a temporary employee cannot be terminated without one months notice in writing on either side or in lieu thereof by payment of one months salary by the party which gives the notice. He has led stress on the words "by payment," He further submits that the termination of the services of the petitioner is retrenchment within the meaning of Regulation 27 of the said Regulations. ( 4 ) BEFORE considering the submissions of the petitioner, the question relating to applicability of the aforesaid Regulation is relevant as to whether the said Regulations are attracted in the case of the petitioner or not. ( 5 ) LEARNED Counsel for the petitioner in support of his submission that the aforesaid Regulations are attracted in the case of the petitioner, relied on the title of the aforesaid Regulations, which is as under :"the following Service Regulations for all the employees of Co-operative societies in Uttar Pradesh framed by the Uttar Pradesh Co-operative Institutional Service Board have been approved by the Governor and same are hereby published as required by sub-section (2) of Section 122 of the Uttar Pradesh Co-operative Societies Act, 1965 (U. P. Act No. XI of 1966) for the information of all concerned, these Regulations shall take effect from the date of the publication in the Gazette and any Regulations made in this behalf under Section 121 of the said Act shall stand superseded with immediate effect. " this title is not the deciding factor of the applicability of the Regulations. It only says that the Service Regulations for.
" this title is not the deciding factor of the applicability of the Regulations. It only says that the Service Regulations for. the employees of the Co-operative societies framed by the U. P. Co-operative Institutional Service Board has to be approved by the Governor. The basik thing is that the Governor has only approved the Service Regulations framed by the U. P. Co-operative Institutional Service Board. Now the question is as to what is the power of the Institutional Service Board in framing the Regulations. The State Government, in exercise of its powers under sub-section (2) of Section 122 of the U. P. Co-operative Societies Act, 1965, constituted an authority, known as u. P. Co-operative Institutional Service Board (for brevity, hereinafter referred to as the Board) for recruitment, training and disciplinary control of the employees of the apex level Societies Central or Primary Societies whose area of operation extends to more than one District or State, District or Central Co-operative Banks, District Co-operative federations, Co-operative Milk Unions including Kanpur Co-operative milk Board, Co-operative Cane Sugar Factories, Co-operative Textile Mills and U. P. Co-operative Housing Federation, vide Notification No. 366-C/xii-C-3-36-71 published in U. P. Gazette Extra-ordinary, dated 4-3-1972. The said notification was amended from time to time and certain categories of the Co-operative Societies were taken out of the purview of the Board under the said notifications under Section 122 (2) of the Act the Board was empowered to frame regulations regarding recruitment, emoluments, terms and conditions of services including disciplinary control of the employees of the Co-operative Societies as mentioned in the said notification. ( 6 ) THE notification does not relate 16 all categories of societies. It relates only so those categories of societies which are enumerated therein. The society in which the petitioner was appointed is a Primary Agriculture Co-operation Credit Society, which has its area of operation within the district. ( 7 ) IN the aforesaid notification only those Primary Agriculture Co-operative credit Societies are covered whose area of operation is more than one district. The present is not a society whose area of operation extends to more than one district. The controversy involved in the presentation is not res integra.
( 7 ) IN the aforesaid notification only those Primary Agriculture Co-operative credit Societies are covered whose area of operation is more than one district. The present is not a society whose area of operation extends to more than one district. The controversy involved in the presentation is not res integra. ( 8 ) THE matter came up before a Division Beach of this Court in Writ No. 5136 of 1976, Rajendra Prasad Gautam v. Deputy Registrar, Co-operative Societies, Allahabad and Others, decided bn 22-4-1980, wherein I happened to be a counsel for the petitioner and the point which is convassed before me by the counsel for the petitiener was convassed by me before the Division Bench but I could not get through. The Disvision Bench had held that"on a plain reading of the words of the aforesaid notification it is crystal clear that the words whose area of operation extends to more than one district or state qualify not apex level societies and Central Societies but primary societies also. "in this view of the matter, the regulations relied on by the learned Counsel for the petitioner are not attracted. ( 9 ) THE petitioner, however, cannot be said to be remediless on this ground. If the impugned order is contrary to the provisions of the Act or the rules framed thereunder or the bye-laws registered thereunder, the ; petitioner can have the recourse before the Registrar, Co-operative Societies, by making representation under Section 128 of the Act, where the petitioner can raise his grievance, as has been raised in this petition, including the grievance that the impugned order is contrary to the Act, the rules and. bye-laws, as it has been passed by way of punishment without considering the reply of the petitioner. The petitioner may also have the remedy before the Civil Court in view of the decision reported in Allahabad District Co-operative bank Limited v. Hanurnan Dutt Tewari, AIR 1982 SC 120 . Thus, the petitioner may avail the remedy as he may be advised. I am not expressing any opinion on merits of the case. The petitioner will be free to convass any point, which may be available to him. ( 10 ) WITH the aforesaid observations, the writ petitioners is dismissed in limine. Petition dismissed.