The judgment clarified the nature of the amendment to the Madhya Pradesh District Cooperative Central Bank Employees (Terms of Employment and Working Conditions) Service Rules, holding it as a case of legislation by incorporation. The court also addressed the discriminatory nature of the amendment and the issue of regularization of daily rated employees.

Hemant Gupta, CJ.

This order shall also decide bunch of writ petitions raising similar questions of law and fact. The detailed reasons are recorded in the present petition but this order would decide all other writ petitions as well.

2. The challenge in the present petition is to an order dated 6th April, 2016 passed by the Registrar, Cooperative Societies, Madhya Pradesh amending the Madhya Pradesh District Cooperative Central Bank Employees (Terms of Employment and Working Conditions) Service Rules (for short “the Rules”). Such Rules were initially framed on 03.01.2014 in exercise of the powers conferred under Section 55(1) of Madhya Pradesh Cooperative Societies Adhiniyam, 1960 (for short “the Act”).

3. The specific challenge in the writ petition is to Rule 6.2.4 of the Rules pertaining to reservation for filling of 1634 posts of Clerk/Computer Operator in 37 Districts of Madhya Pradesh advertised by M.P. Rajya Sahkari Bank Maryadit, T.T. Nagar, Bhopal. Rule 6.2.4 of the Rules, which is in Hindi, on being translated into English read as under:-

Rule	Provision before Amendment	Amended Provision	Reason for Amendment/Remark
6.2.4	The vacant posts meant for direct recruitment can be filled on acquiring the eligibility criteria as per Rules 6.3 and 6.2.1 of the Service Rules and in case of applicability of Reservation Rules to the Bank, the Reservation Rules shall be followed.	The vacant posts meant for direct recruitment can be filled on acquiring the eligibility criteria as per Rules 6.3 and 6.2.1 of the Service Rules and the Reservation Rules to the Bank shall be as per M.P. Reservation Act, 1994. The reservation for Female/Handicapped/Ex-servicemen shall be according to the rules of Government of M.P.	Partly amended

4. At this stage, the provisions of Section 55 of the Act need to be extracted to appreciate the arguments raised by the counsel for the parties. The relevant provisions are as under:-

“55. Registrar's power to determine conditions of employment in societies. - (1) The Registrar may, from time to time, frame rules governing the terms and conditions of employment in a society or class of societies and the society or class of societies to which such terms and conditions of employment are applicable shall comply with the order that may be issued by the Registrar in this behalf.

Provided that in the case of co-operative credit structure, the Registrar may frame rules governing the terms and conditions of employment on the basis of the guidelines specified by the National Bank.

(2) Where a dispute, including a dispute regarding terms of employment working conditions and disciplinary action taken by a society, arises between a society and its employees, the Registrar or any officer appointed by him not below the rank of Assistant Registrar shall decide the dispute and his decision shall be binding on the society and its employees:

Provided that the Registrar or the officer referred to above shall not entertain the dispute unless presented to him within thirty days from the date of order sought to be impugned:

Provided further that in computing the period of limitation under the foregoing proviso, the time requisite for obtaining copy of the order shall be excluded.

Provided also that the Registrar or the officer referred to above may admit dispute after the expiry of thirty days, if the applicant satisfy the Registrar or officer referred to above that he had sufficient cause for not referring the dispute within the stipulated time.”

5. The challenge of the petitioners on such clause is based upon the Supreme Court judgment reported as 2007 (12) SCC 529 (Madhya Pradesh Rajya Sahakari Bank Maryadit vs. State of M.P. and others) wherein the amendment carried out by the Registrar of Cooperative Societies on 6th March, 1997 in Rule 5 of the Madhya Pradesh