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2001 Supreme(Guj) 743

KUNDAN SINGH
GUJARAT STATE COOPERATIVE SUGAR INDUSTRIES SOCIETY LIMITED – Appellant
Versus
VINAYAKBHAI D. CHAUHAN – Respondent


Advocates Appeared: B.S.PATEL, RANJAN B.PATEL, SATHYAN THAKKAR

KUNDAN SINGH, J.

( 1 ) RULE. Heard the learned advocates for the parties at length. By means of this petition, the petitioner has sought for quashing and setting aside the order dated 18. 1. 2001 below exh. 23 passed by the Board of Nominees, Ahmedabad in Lavad case no. 1643 of 1992 and the order dated 10th January, 2001 passed by the Gujarat State Co-operative Tribunal, Ahmedabad in Revision Application no. 66 of 2000.

( 2 ) THE question for determination which arises in this case is whether the wages of officer or employees fixed by the resolution on the basis of some by-laws by a co-operative society will come within thepurview of section 96 of the Gujarat Co-operative Societies Act, 1961 or not ? The respondent was paid arrears from 1. 1. 86 to 31st July, 1988 relating to the 4th Pay Commission since the State Government, adopted the pay scale of the Government and paid differences to all its employees. The Union has decided to pay as per the State Pay Scale from 1. 1. 1996 and has also decided to pay arrears and its employees and officers, but decided not to pay to those who have left the service. Admittedly, in the present case, the respondent has left the service and hence th







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