SAHKARI SAMITIYAN VYAVASTHAPAK UNION Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted in all the special leave petitions.

(2.) These appeals rise from the judgment and order dated 9/5/1991 passed in Writ Petition No. 1018-20 of 1979 by a division bench of the Rajasthan High court. The facts are fairly not in dispute.

(3.) Paid Secretaries were recruited by the Rajasthan Credit Cooperative Institutions Cadre Authority Limited (for short the "cadre Authority Society") constituted under Section 4 (1 of the Rajasthan Cooperative Societies Act, 1965 (for short the 'act'). They were appointed in the respective District Cooperative Banks initially under Agricultural Cooperative Credit Societies Service Rules, 1969 (for short 'the 1969 Rules') and thereafter under Recruitment and Service Conditions of the Managers of Agriculture Credit Cooperative Societies Rules, 1977 Rules) and were sought to be posted to the Primary Agriculture Credit Cooperative Societies (for short the 'pacs') fastening liability of their salary on the PACS who have challenged the validity of the constitution of Cadre Authority Society and also the power of the Registrar of the Cooperative Societies (for short the 'registrar') to make the rules calling upon PACS to contribute to the Manager's Salary Fund under central Cooperative Bank Rules, 1969 (for short the "bank Rules"). The division bench has held that the Cadre Authority Society cannot be registered as a cooperative society under Section 4 of the Act, the Bank Rules are ultra vires the powers of the Registrar under Rule 41 of the Cooperative Societies Rules, 1966 (for short the "rules").