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1997 Supreme(All) 498
HIGH COURT OF ALLAHABAD
R.A.Sharma, Aloke Chakrabarti
RAM SINGH
Versus
KISAN SEVA SAHAKARI SAMITI LIMITED
Decided On : 05 May 1997
Spl. Appeal No. 245 of 1997
H.R.Mishra, RADHA MOHAN PANDEY,
The Regulations are applicable only to the employees of co-operative societies as defined under Regulation 2 (ix).
Headnote:
CO-OPERATIVE SOCIETY - SERVICE REGULATIONS - APPLICABILITY - SOCIETY NOT COVERED BY DEFINITION OF CO-OPERATIVE SOCIETY UNDER REGULATION 2 (IX) - REGULATIONS NOT APPLICABLE - WRIT PETITION NOT MAINTAINABLE.
Fact of the Case:
The appellant, an Accountant in a Co-operative Society, challenged the termination of his service by the Society. The Society contended that the appellant was not covered by the statutory service Regulations, known as U. P. Co-operative Societies Employees Service Regulations, 1975 (Regulations), as the Society did not fall within the definition of co-operative Society contained in Regulation 2 (ix).
Finding of the Court:
The Court held that the Regulations were not applicable to the appellant as the Society was not a co-operative society within the meaning contained in Regulation 2 (ix). Therefore, the conditions of service of the appellant were not governed by any statutory rules or Regulations.
Issues: Whether the Regulations were applicable to the appellant.
Ratio Decidendi: The Court held that the Regulations were not applicable to the appellant as the Society was not a co-operative society within the meaning contained in Regulation 2 (ix). Therefore, the conditions of service of the appellant were not governed by any statutory rules or Regulations.
Final Decision: The Court dismissed the appeal, holding that the writ petition was not maintainable as the Regulations were not applicable to the appellant.
Service of the ap pellant, who was an Accountant in a Co operative Society, known as Kisan Sewa Sahkari Samiti Ltd. , Nehru Nagar, Naidu, district Meerut (hereinafter referred to as the Society), was terminated by an order passed by the Society at Annexure II to the affidavit filed in support of the stay applica tion in this appeal. Being aggrieved, the appellant filed a writ petition, which has been dismissed by a learned single Judge on the ground that against the impugned order writ petition is not
maintainable. Feeling aggrieved by the order of the learned single Judge, the appellant has filed this appeal.
2. We have heard Sri R. M. Pandey for the appellant and Sri H. R. Misra for the respondents.
3. The submission of Sri R. M. Pandey, learned counsel for the appellant is that as the conditions of service of the appellant are governed by the statutory service Regula tions, known as U. P. Co-operative Societies Employees Service Regulations, 1975 (hereinafter referred to as the Regulations), the writ petition is maintainable. Mr. H. R. Misra has, on the other hand, submits that the Regulations are not applicable to the appellant, because appellants society does not fall within the definition of co- opera tive Society contained in Regulation 2 (ix ).
4. Section 120 of the U. P. Co-operative Societies Act, 1965 (hereinafter referred to as the Act) empowers the Registrar to specify qualifications for appointment of Secretary, Manager, Accountant or any other Officer to be paid or remunerated by the society and if any person, who does not possess the prescribed qualifications, is ap pointed, the Registrar can remove him from Service. Section 120 is repioduced below:
"120. Qualifications for appointment as Secretary, Manager, etc. of Co-operative Societies,- (1) No person shall be appointed by a co-operative society as secretary, manager, ac countant or any other officer to be paid or remunerated by the society unless he possesses such qualifications and furnishes sucn security, if any, as may be specified by the Registrar from time to time in respect of any co- operative society or class of societies.
(2) Any person appointed in contravention of the provisions contained in sub-section (1) shall be liable to removal from his office by the Registrar. "
5. Under Section 121 the Registrar has been given the power to frame regulations to regulate the emoluments and other con ditions of service including disciplinary con trol of the employees in a co- operative society or a class of co-operative societies. Section 121 is as under:
"12 1. Power of Registrar to determine terms of employment of society.- (1) The Registrar may, from time to time, frame regulations to regulate the emoluments and other conditions of service including
the disciplinary control of employees in a co-operative society or a class of cooperative societies and any society to which such terms are applicable, shall comply with those regulations and with any orders of the Registrar, issued to secure such compliance.
(2) The regulations framed under sub-sec tion (1) shall be published in the Gazette and take effect from the date of such publication. "
6. The State Government has the power under Section 122 to constitute an authority or authorities for recruitment, training and disciplinary control of the employees of a co-operative society or a class of co- operative societies.
7. The Regulations mentioned herein before have been framed, which are ap plicable to the employees of the co-opera tive society as defined under Regulations 2 (ix ). Regulations 2 (ix) is as follows:
"2. (ix) : "co-operative Society" means a Co-operative Society placed under the purview of the Board by Government Notification No. 366-C/xii-C-3-36-71, dated March 4, 1972, as amended from time to time by notification issued under Section 122 of the Act read with Rule 389 (a) of the Rules.
8. Only such societies, which are placed under the purview of U. P. Co-opera-live Institutional
