Judgement

RAMASWAMY, J.:- Leave granted in all the special leave petitions.

2. The respondents were admittedly appointed in Railway Employees Consumer Co-operative Stores at Rajahmundry, Visashakapatnam, Vijianagaram and Dharmavaram in Sourth-Central Railway. They filed different O.As. before the Central Administrative Tribunal (CAT), Hyderabad Bench seeking declaration that they are "regular Railway employees in Class III posts" and entitled to be paid regular salary for continuous service from the date of the respective appointments in the Societies and also consequential promotion, increments and payment of arrears of salary. The CAT, Hyderabad Bench following the decision of the Madras Bench delivered on June 29, 1990 in O.A. No.305/88 allowed O.As. and gave the directions for grant of the reliefs referred to earlier but payment of salary was directed to be made from the date on which respective applications were filed. By the time the present Special Leave Petitions came to be filed, a two Judge Bench of this Court by order dated September 7, 1994 made in C.A. No.2932/91 confirmed the order of the CAT, Madras Bench but the review petition was pending. When these appeals had come up for hearing on October 16, 1995 it was pointed out to another Bench by the Additional Solicitor General that despite the dismissal the matter required examination and for that reason notice was already issued in another case, viz. C.A All the matters were accordingly tagged together. After the dismissal of the review petition a two Judge Bench by order dated November 13, 1995 referred the matter to this Bench. Thus these appeals by special leave.

3. The admitted facts are that the respondents were appointed by the respective Railway Co-operative Stores registered under the Andhra Pradesh Co-operative Societies Act, 1964 as amended from time to time. The Co-operative Stores were organised by the Railway Administration as social welfare measure to inculcate thrift and co-operative spirit in the management of the socieites, distribution of essential commodities and lending of credit facilities etc. to the members of the societies. Under the bye-laws, respective societies consist of serving members of the Railway Administration at the respective places. Normally these socieities are formed at railway junctions. They are organised under the instructions issued by the Railway Administration in the Railway Establishment Manual (non-statutory orders). Working of the socieities are supervised by the welfare officers appointed by the Railway Administration. It is in dispute as to whether salaries to welfare officers are paid by the socieites concerned or by the Railway Administration but that is not material for disposal of these appeals. It is also not in dispute that one third of the members of the socieities are nominated by the Railway Administration.

4. Shri Tulsi, learned Additional Solicitor, General contended, on the facts, that Co-operative Stores registered under the Co-operative Societies Act, a State Act and the articles of association or the bye-laws of the socieites are sanctioned by the Registrar of Co-operative Societies (for short, "The Registrar") of the concerned State appointed by the State Government under the respective State Acts. The constitution of the socieities is regulated and registered under the State Act. Appropriate law, rules and bye-laws provide that the General Body of the society periodically elects the members of the committee which in turn elects the President or general body itself elects the President, for a specified term. The President and the committee, as the case may be, is empowered to appoint the officers, employees and servants of the Stores according to its bye-laws. The Registrar under the respective Acts, has supervision and control over the working of the societies and its employees. In case of dispute between the society and its members or the society and its officers or employees, the same is resolved by