L.M. SHENVY Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The learned Counsel appearing for the petitioner raised a legal plea at the time of hearing that it is not open to the State Government to prescribe service conditions of employees of Co-operative Societies without adherence to the mandate of Sec. 129 of the Karnataka Co-operative Societies Act, 1959. Since this is a substantive question of law, it is necessary to give a finding on this before going into other points in controversy.

(2.) According to Sec. 129(1) of the Karnataka Co-operative Societies Act, 1959:-

(3.) Rule 19 of the Karnataka Co-operative Societies Rules 1960, is the only provision, which relates to the conditions of service of Officers and employees of Co-operative Societies, to be found in the said Rules. Rule18(a)(1) deals with the age limit for entry into service. Sub-rule (2) refers to age of retirement; Sub-rule (3) refers to leave; Sub-rule (4) refers to Gratuity; Sub-rule (5) relates to service register; Sub-rule (6) relates to use of official information; Sub-rule (7) relates to pecuniary relation; Sub-rule (8) deals with employees and Elections and Sub-rule (9) pertains to punishments. Rule 18(b) refers to appointment of Secretary by certain class of societies and it reads thus:-