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2016 Supreme(Kar) 650
IN THE HIGH COURT OF KARNATAKA
B.S. Patil, J.
Ravikumar C And Another - Petitioners
Versus
Karnataka Co-Operative Milk Federation, Bangalore And Others - Respondents
Writ Petition Nos. 19076 and 19077 of 2014 Connected with Writ Petition No. 39095 of 2014 (S-RES)
Decided On : 20-08-2016
For the Petitioner: Sri Abhilash Raju, Sri Kamalacharan S.R.
For the Respondent: Smt. M.S. Prathima, Sri Vigneshwar S. Shastry
Headnote:
Karnataka Co-operative Societies Act, 1959 - Section 70-A - Karnataka Appellate Tribunal - Challenge – Application - Appointed as Extension Officer Grade II in the pay scale of by Karnataka Co-operative Milk Federation - Appointment was made for benefit of and to serve under 2nd respondent. Petitioner no.2 was appointed in same grade on same pay scale as per order issued by 1st respondent and was asked to report for duty under Kannada Milk Union, Bangalore. It is relevant to state at this stage itself that 2nd petitioner was subsequently transferred to 2nd respondent-Mysore and Chamarajnagar District Co-operative Milk Producers Union Limited – Held, Joint Registrar of Co-operative Societies confirmed in appeal by Tribunal that delay in raising dispute has been condoned - Section 70-A of Karnataka Co-operative Societies Act, 1959 clothes Registrar with power to condone delay - It is true cause of action for fixation of higher pay scale has arisen to petitioners in years 1989 and 1990 respectively after completion of 5 years in cadre of Extension Officers Grade-II and dispute has been raised after delay of nearly 14 years in year 2003 - Contention urged by petitioners only to this limited extent inasmuch as claim for fixation of higher pay scale can be termed as a matter of recurring cause of action but payment of arrears consequent upon such fixation will have to be subjected to period of limitation prescribed - Viewed in this context and taking note of entire materials on record including relief granted to similarly placed persons by other unions Court of view that ends of justice would be met if petitioners are held entitled for benefit of higher pay scale of upon completion of a period of five years from date of their respective appointments, notionally - They would be entitled for consequential benefits on that basis in higher pay scale except payment of arrears of difference in pay scale - So far as arrears of pay scale is concerned they would be entitled to claim same with effect from date dispute was raised before Joint Registrar - Writ petition partly allowed
B.S. Patil, J.
W.P. Nos. 19076 and 19077 of 2014 are filed by the two petitioners challenging the endorsement dated 28-1-2014 issued by 2nd respondent-Mysore and Chamarajnagar District Co-operative Milk Producers Union Limited, Mysore, vide Annexure-AC thereby informing petitioners that request for implementation of order passed by the Karnataka Appellate Tribunal dated 20-3-2012 could not be considered as the same would adversely affect the 2nd respondent-Milk Union. A writ of mandamus has been sought by petitioners for implementation of the order passed by the Tribunal in Appeal No. 283 of 2007 disposed of on 20-3-2012 confirming the award dated 6-11-2006 passed by the Joint Registrar of Co-operative Societies, Mysore Region, Mysore.
2. Petitioner No. 1 was appointed as Extension Officer, Grade II in the pay scale of Rs. 750-1500/- on 13-10-1984 by the Karnataka Co-operative Milk Federation, Bengaluru. Appointment was made for the benefit of and to serve under 2nd respondent. Petitioner no.2 was appointed in the same grade on the same pay scale as per the order dated 29-6-1985 issued by 1st respondent and was asked to report for duty under the Dakshina Kannada Milk Union, Bangalore. It is relevant to state at this stage itself that 2nd petitioner was subsequently transferred to 2nd respondent-Mysore and Chamarajnagar District Co-operative Milk Producers' Union Limited.
3. An Expert Committee was constituted regarding fixation of pay scale of the employees of 1st respondent-Federation. It made recommendations vide its proceedings dated 18-2-1984 to the effect that 1st respondent-Federation shall recruit extension officers only in the pay scale of Rs. 750-1500/- as against the earlier pay scale of Rs. 1050-1900/-. The said officers on recruitment may be re-designated as Assistant Extension Officer. The Assistant Extension Officer would become an Extension Officer after completion of 5 years of service as Assistant Extension Officer subject to his suitability for the post. In every unit at least 50% of posts in extension wing will have the pay scale of Rs. 750-1500/- and others in the pay scale of Rs. 1050-1900/-.
4. This recommendation of the Expert Committee was accepted by the Board of Directors of 1st respondent-Federation and an order was issued on 18-4-1984 copy of which is produced at Annexure-E. It is evident from the said order that 1st respondent-Federation decided to recruit Assistant Extension Officers only in the pay scale of Rs. 750-1500/-. The said officer would become Extension Officer after completion of 5 years of service, if found suitable.
5. As petitioners were appointed as Extension Officers, Grade II during the year 1984 and 1985 respectively in the pay scale of Rs. 750-1500/-, as per the order passed by 1st respondent-Federation on 18-4-1984 they were entitled for higher pay scale of Rs. 1050-1900/- after completion of 5 years of service and were entitled for re-designation as Extension Officers. However, 1st respondent-Federation did not implement this order and petitioners were not extended the benefit after the expiry of 5 years.
6. In the meanwhile, vide order dated 29-5-1987, the 1st respondent-Federation resolved to transfer the assets, liabilities and personnel of Mysore, Tumkur, Hassan and Kudige Dairies to the concerned Milk Unions of Mysore, Tumkur and Hassan. It was made clear in the said order that services of such employees who were working in the said unions shall be continued under the respective unions and eventually shall be treated as regular employees of the union. It is also necessary to notice that subsequently these unions have framed their own regulations regulating conditions of service of the respective employees of the union.
7. Some of the employees of Mandya District Co-operative Milk Producers' Union raised a dispute before the Joint Registrar of Co-operative Societies, Mysore Region, Mysore claiming the benefits flowing from the decision taken by the Federation vide order da
