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1992 Supreme(Raj) 212

M.B.SHARMA
G. P. MISHRA – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Advocates Appeared:
B.L.Sharma, G.G.Sharma, M.D.AGRAWAL, P.V.CALLA, V.DANGI

Judgment


M. B. SHARMA, J.

( 1 ) IT will be proper to dispose of the above noted two writ petitions by this common order as the legal point involved in both the writ petitions is the same and is in respec! of pre-mature retirment in a Central Co- operative bank. The point is also as to what is the age of retirement in a central Co-operative Bank.

( 2 ) FIRST I will refer to the relevant rules in respect of power of the management to retire prematurely its employees and then I will refer to the facts of each case.

( 3 ) AJMER Central Co-operative- Bank Ltd. Ajmer as well as Bharatpur central Co-operative Bank Ltd. Bharatpur are co-opertive societies registered under the Rajasthan Co-operative Societies Act, 1965 (for short, the Act) and they have their respective bye-laws, A bipartite settlement took place on July 31, 1980 in between the management of the Apex Co-operative Bank, Jaipur and the Officers Association and according to cluse 9 of the aforesaid settlement/agreement so far at the age of retirement is concerned, it was agreed that the age of retirement shall be 58 years. The said clause reads as under : it is not disputed that the said settlement/agreement was arrived at I



















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