WORKMEN OF CHIKMAGALUR DISTRICT CENTRAL COOPERATIVE BANK LIMITED Vs. REGISTRAR OF COOPERATIVE SOCIETIES IN THE STATE OF KARNATAKA

JUDGEMENT

(1.) THE Workmen of Chikmagalur District Central Cooperative Bank Limited, represented by its general Secretary of Chikmagalur District Central Cooperative Bank Employees' Union and ramachandra T. G. are before me challenging the orders dated 25. 10. 1999 issued by the managing Director in terms of Annexure-A, the order dated 16. 10. 1999 issued by the Joint registrar of Cooperative Societies in terms of Annexure-B/ order dated 25. 10. 1999 issued by the state Government in terms of Annexure-C, letter dated 27. 10. 1999 issued by the Deputy registrar of Cooperative Societies, Chikmagalur in terms of Annexure-D in the case on hand. A direction is sought against the respondents from interfering with the terms of settlement dated 19. 5. 1999. The Union also wants this Court to declare Rule 17 of Karnataka Cooperative societies Rules 1997 and Amendments to Sections 70 (1), 70 (2) and 70 (3) of the Karnataka cooperative Societies Act as unconstitutional, invalid and inoperative on the facts of the case.

(2.) THIRD respondent is Chikmagalur District Central Cooperative Bank Limited. Such cooperative Banks are set up in the districts of the State. It is a Central Cooperative Bank at the district level with different types of societies affiliated to the said District Cooperative Central bank. It is registered under the provisions of the Karnataka Cooperative Societies Act, 1959. Workmen of the Bank are members of the Trade Union. The bye-laws of the District cooperative Central Bank enables the management or administration to deal with the conditions of service of employees to a certain extent. Petitioner association has been taking up the cause of the workmen and making representations from time to time. Several settlements have been entered into the matter of service conditions of the workmen of the bank in terms of settlement at annexure-El, E2 and E-3. In the matter of scales of pay/ disputes have arisen and they have been resolved by way of settlements.

(3.) PETITIONER Union made a demand on 1. 5. 1999 in the matter of certain service conditions to its members. After discussion and negotiations, the Management in its Board Meeting approved the proposal for revision of pay scales with certain terms and conditions. Same was unanimously adopted in the General Body Meeting of the Bank. Matter thereafter was taken up before the conciliation Officer under Section 12 (3) of the Industrial Disputes Act ('id Act' for short ). Notice was issued. Meetings were held. Ultimately, a settlement in conciliation under Section 12 (3) of the Industrial Disputes Act was entered into in course of conciliation proceedings.