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1994 Supreme(Raj) 148

R.BALIA
NAGAUR CENTRAL CO-OPERATIVE BONK LTD, NAGAUR THROUGH ITS MANAGING Director – Appellant
Versus
COMPETENT AUTHORITY OF WAGES ACT, BIKANER REGION, BIKANER – Respondent


Advocates Appeared:
D.K.Panikar, T.S.CHAMPAVAT

Judgment


RAJESH BALIA, J.

( 1 ) THIS petition has arisen in the following circumstances : the petitioner is a Banking Society registered under the Rajasthan co-operative Societies Act, 1965 (for short the Act of 1965 hereinafter ). Respondent No. 2 Hari Ram was appointed as manager of Gram Sewa Sahakari Samiti by the Rajasthan Cooperative credit Institutions Cadre Authority Ltd. , Jaipur. The salaries to the Managers of the Gram Sewa Sahakari Samitis were dispursed by the petitioner Bank on behalf of the Rajasthan co-operative Credit Institutions Cadre Authority Ltd t Jaipur.

( 2 ) A Division Bench of this Court in D. B. Civil Writ Petition No. 1018/79 Kheda Rasulpur Gram Sewa Sahakari Samiti Ltd v. State of Rajasthan and Others, decided on May 9, 1991 held that establishment of the Cadre authority as a Co-operative Society was against the provisions of Section 6 of the Co-operative Societies Act of 1965 and there cannot be any centralised service or a common cadre of the Managers appointed at various primary agriculture co-operative society. As a consequence thereof, the petitioner Bank is not under an obligation to make payment on behalf of the Authority to the Manages appointed



































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