S. B. SINHA, C. J.

( 1 ) THIS writ appeal is directed against an order dated 1-2-2001 in Writ Petition no. 5431 of 1990 whereby and whereunder the learned single Judge disposed of the writ petition in terms of the order dt. 10-10-1991 in Writ Petition No. 15506 of 1989.

( 2 ) WRIT Petition. No. 5431 of 1990 has been filed by the appellant herein seeking a declaration that Section 116-AA of the andhra Pradesh Co-operative Societies Act, 1964 ( (for short the Act ) is arbitrary, illegal and unconstitutional and violative of articles 14,21,39,41,42 and 43 of the constitution of India. FACTS:

( 3 ) IT is stated that the Paid Secretaries were appointed on full time basis to manage the affairs and maintain the accounts of primary Agricultural Co-operative Societies. The Registrar of Co-operative Societies in exercise of powers under Section 116-A of the Act in 1973 has constituted a common cadre to the Secretaries of the Societies with a view to provide qualified Secretaries and they were trained to discharge the functions of Chief Executives of PACS. Originally, they were paid a consolidated sum of rs. 150/- towards their remuneration.

( 4 ) THE Andhra Pradesh Agricultural credit Societies Paid Secretaries (Common cadre) Regulations were framed under section 116-A of the Andhra Pradesh Cooperative Societies Act, 1964 and by proceedings dated 1-1-80 all the Paid secretaries of the PACS were placed in the time-scale of Rs. 250-420 with a fixed dearness Allowance, which was equivalent to Supervisors of Cadre V of the District Cooperative Central Banks. The Government of andhra Pradesh promulgated the A. P. Cooperative Societies (2nd and 3rd amendments ) Ordinance, 1985 amending section 116-AA of the Co-operative Societies act decaderising the Paid Secretaries. The grievance of the appellant is that when the paid Secretaries were being allotted to the societies, the Presidents of the Societies are refusing to admit them on the ground that there is no obligation on their part to admit the Secretaries who are allotted under section 116-AA of the Act. SUBMISSIONS:

( 5 ) MR. N. Krishna Rao, learned counsel appearing on behalf of the appellant would contend that the State did not follow the procedure laid down under Section 25-N of the Industrial Disputes Act while introducing Section 116-AA of the Act as the decaderisation of Paid Secretaries is nothing but an act of retrenchment and it amounts to depriving the right to life under Articles 21 and 20 (2) of the Constitution of India. He would further contend that Section 116-AA of the Act is not only contrary to Art. 300-A of the Constitution of India but also against the decision of the Apex Court in S. P. Dubey v. Madhya Pradesh State Road Transport corporation. The learned counsel would submit that the Government on the one hand had fixed the pay scales of Paid secretaries of the Societies and later withdrew the same through G. O. Ms. No. 314, dated 26-12-2000. He would also contend that the issue relating to validity of section 116-AA of the Act has been kept open by the Division Bench in W. P. No. 17735 of 1989 and the learned single judge ought to have considered the validity of the same independently. The Cooperative Societies do come under the purview of the Industrial Disputes Act, contends the learned counsel, and as such it is mandatory on the part of the State to follow the procedure laid down under section 25-N of the Industrial Disputes Act while retrenching the employees of the societies.

( 6 ) THE learned Additional Advocate general appearing on behalf of the State, would contend that the posts of Paid secretaries have been decadarised under the provisions of Section 116-AA of the Act and the interest of the paid Secretaries has been safeguarded as the Registrar of the Societies is empowered to allot them to the Societies as he may deem fit. As a matter of fact, the learned Additional Advocate General, would submit, that no Paid Secretaries have been retrenched. RELEVANT PROV

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