J.B. Koshy, J.

In all these Writ Appeals the common question to be considered is the applicability of Chapter XV of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as the rules ) to the Dairy Development Societies under the Agriculture (Dairy) Department of the Kerala Government. The contention of the Societies i.e. the appellant in W.A. No. 1132/99 and the respondent Society in W.A. Nos. 1426 & 1439 of 1999 is that Chapter XV is applicable only to classified societies under S.80(1) of the Cooperative Societies Act (in short Act) and Dairy Development Society is not classified under Appendix III as provided under R.182. S.80(1) to S.80(3) reads as follows:

"80. Officers, etc. of Co-operative Societies:

(1) The Government shall classify the societies in the State according to their type and financial position.

(2) The Government shall, in consultation with the State Co-operative Union, fix or alter the number and designation of the officers and servants of the different classes of societies specified in sub-s.(1).

(3) The Government shall, in consultation with the State Co-operative Union, make rules (either prospectively or retrospectively) regulating the qualification, remuneration, allowances and other conditions of service of the officers and servants of the different classes of societies specified in sub-S.(1)

S.80(3) provides that Societies can be classified as per Appendix III and S.80(3) further provides that service conditions for the classified societies under S.80(1) can be prescribed by the Government. R.182 provides as follows:

"182. Classification under S.80(1) :-For the purpose of sub-s.(1)of S.80, the societies in the State shall be classified as shown in Appendix III:

Provided that the Government may on their own motion or otherwise, after consultation with the Registrar, revise such classification once in every three years."

It is the contention of the Societies that these societies are not classified as per Appendix III an no rules can be passed by the Government regulating the service conditions of these societies under S.80(3) and Government can make rules regulating the service conditions of the societies which are classified under Appendix III only and hence the rules framed regulating service conditions under Chapter XV are not applicable to such societies.

2. With regard to W.A. No. 1132/99 is concerned, it was filed by a society against the judgment in O.P. No. 19545/98. The petitioners in the above O.P. were suspended pending enquiry. Ext. P3 order in the above O.P. was passed by the Registrar directing the Society to pay the subsistance allowance to the suspended employees of the Society, petitioners therein as provided under R.198(6). This court directed the society to implement the order by the impugned judgment. According to the appellant since Chapter XV is not applicable to the unclassified society, learned judge went wrong in directing to pay subsistance allowance as per Ext. P3. With regard to W.A. Nos. 1426 & 1439 of 1999 are concerned, the society approached this Court when Government passed an order directing to reinstate a dismissed employee of the society without observing the provisions of R.198(3) and without complying with the directions of the Joint Registrar. By judgment in O.P. No. 18132/97 learned single judge held that Chapter XV is applicable only to the societies classified under S.80(1) and Appendix III, and impugned order was set aside and directed the Government to pass fresh orders after hearing both sides. After rehearing, again the Government directed to reinstate the employee as his dismissal was violative of

S.27(1) of the Act and bye-laws of the Society. That was again set aside by this Court by judgment in O.P. No. 12487/98 stating that Chapter XV is not applicable and matter was not properly considered. Therefore, two Writ Appeals were filed by the dismissed employee against the finding of non-application of Chapter XV in both judgments. Ther