JUDGMENT :

Neeraj Tiwari, J.

1. Heard learned counsel for the petitioners and learned standing counsel for the respondents.

2. Pleadings have been exchanged between the parties. With the consent of parties, writ petition is being decided at the admission stage itself.

3. By way of present writ petition, petitioners are challenging the order dated 5.6.2018 passed by respondent No. 3, Additional Commissioner and Additional Registrar (Administration), order dated 23.6.2018 passed by respondent No. 4, Joint Commissioner and Joint Registrar, Moradabad Division, Moradabad, order dated 2.7.2018 passed by respondent No. 5, Assistant Commissioner and Assistant Registrar, Co-operative, Bijnore as well as the order dated 13.7.2018 and 14.7.2018 passed by the Secretary, respondent No. 6 and further for writ of mandamus directing the respondents not to interfere in the functioning of the petitioner Nos. 1 and 2 as Accountant and Chaukidar in Jaswantpur Akbarpur Chaugawa Sadhan Sahkari Samiti Limited, Block Naziabad, District Bijnore and to ensure regular payment of salary to the petitioners.

4. The case of petitioners are that the Primary Agricultural Co-operative Credit Societies (PACCS) are the primary co-operative societies registered under the provisions of the U.P. Co-operative Societies Act, 1965 (hereinafter referred to as Act, 1965) as well as U.P. Co-operative Societies Rules, 1968 (hereinafter referred to as Rules, 1968). Till date no service rules or regulations have been framed to control and govern the services of the employees of the primary agricultural co-operative credit societies. Section 29A of Act, 1965 confers power upon Committee of Management of the Society concerned to make appointment of the officers and other staff in the co-operative society for running its business.

5. For perusal the provisions of Section 29A of the U.P. Co-operative Societies Act, 1965 is quoted below:

"29A. Special provision for Primary Agricultural Co-operative Credit Societies, Central Co-operative Banks and Apex Bank - Notwithstanding anything to the contrary in any other provision of this Act, rules and Bye-laws of the Society, the Committee of Management of a Primary Agricultural Co-operative Credit Society or a Central Co-operative Bank or an apex bank shall exercise such powers and perform such duties as may be necessary and expedient for the purpose of carrying out its functions under this Act which shall include:-

(a) the power to:-

(viii) appoint officers or other staff to conduct the business of the society and define inter alia their duties, service conditions, leave concessions and disciplinary matters subject to the provisions of this Act, rules and the bye-laws."

6. Learned counsel for the petitioners has submitted that petitioner No. 1, Krishan Pal Singh has been appointed on daily wage basis by resolution of Committee of Management dated 5.11.2015 and Vipin Kumar, petitioner No. 2 has been appointed on the post of Chaukidar (peon) by resolution of Committee of Management dated 7.8.2015 on daily wage basis with approval of Additional District Co-operative Officer, Naziabad and Assistant Development Officer (Co-operative) at Jaswantpur Akbarpur Chaugawa Sadhan Sahkari Samiti Limited, Block Naziabad, District Bijnore.

7. It is submitted that the appointment of the petitioners in the society concerned has been approved vide order dated 8.1.2016 passed by the Assistant Commissioner and Assistant Registrar, Co-operative Societies, Bijnore though the approval is not required because power to make appointment is vested with the Committee of Management of the Society concerned as per Section 29A of the Act, 1965. The appointment letters have been issued to the petitioners vide order dated 9.1.2016 and 6.10.2015 to Krishan Pal Singh and Vipin Kumar respectively by the society concerned. The petitioner No. 1, Krishan Pal Singh was sent for training by the Assistant Commissioner and Assistant Registrar, Co-operative Societies, Bijnore vide order da