B. S. A. SWAMY, J.

( 1 ) IN this appeal we are called upon to decide whether the employee of a co-operative Rural Bank (a Primary Society under the provisions of A. P. Cooperative societies Act hereinafter called the Act ) has to retire on attaining the age of superannuation as prescribed under the A. P. Co-operative Societies rules (hereinafter called the Rules ) and the bye-laws of the society or he is entitled to be continued in service upto the age of 60 years claiming protection under Sec. 40 (3) of A. P. Shops and Establishments Act (hereinafter called the shops Act ).

( 2 ) THE facts that are necessary for disposal of this writ appeal are as follows:- the appellant-bank dismissed the respondent from service w. e. f. 1-9-1983 by its order dt. 31-8-1983 on the ground that the respondent while working as Secretary of the society committed grave financial irregularities and also embezzled the funds of the society. Aggrieved by the said orders he filed an appeal before the Competent Authority under the Shops and Establishments act. In the appeal the appellant herein also brought to the notice of the authority that the respondent has to retire from service on 7-10-1993 on atta

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