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1988 Supreme(Ker) 244

BHASKARAN NAMBIAR, MALIMATH
Ramakrishna Pillai – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. It is on a reference made by the learned single judge that this case has been placed before the Division Bench for preliminary hearing. The petitioners have in this writ petition challenged the Notification issued by the State Government dated 17th June, 1988 and published in the Gazette of the same date, in exercise of the powers conferred by S.109 read with sub-section (3) of S.80 of the Kerala Co-operative Societies Act, 1969, (hereinafter referred to as the Act), substituting new R.200 for R.200 of the Kerala Co-operative Societies Rules, 1969, for short the Rules. The challenge is on the ground that the State has sought to annul the decision of this court reported in 1987 (2) KLT. 903 between P. Bhaskaran & Others v. Additional Secretary and Others by substituting new R.200. For the purpose of understanding the crux of the contentions it is necessary to set out the facts in brief as follows:

2. The societies registered under the Act had framed bye-laws regulating the terms and conditions of service of its employees. Bye-laws of some of the societies prescribe 60 years as the age of superannuation. Sub-section (3) of S.80 of the Act empowers the Government to make




















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