MAHESH Vs. THE STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Petitioner is the employee of respondent No. 3 -Sirsi Taluka Agriculture Produce Co -operative Marketing Society Limited. Respondent No. 3 -Society is a Society registered under the Karnataka Cooperatives Societies Act, 1959 (for short 'the Act'). The age of retirement of the members of Co -operative Societies was earlier regulated by Rule 18 of the Karnataka Co -operative Societies Rules, 1960 (for short 'the Rules'). The said Rule provided for the age of retirement of the employees of Co -operative Societies in the State of Karnataka as 58 years. However, with effect from 17th September 2008, the said Rule was amended enhancing the age of retirement to 60 years. By another amendment, Rule 18 has been substituted as per Notification dated 10th July 2013 with effect from 10th July 2013. The amended Rule 18 reads as under:

(2.) In the result, with effect from the date of the aforesaid amendment, the Co -operative Societies have been conferred with discretion to lay down the conditions of service of their employees which includes the age of superannuation. After this amendment, respondent No. 3 -Society has convened a General Body Meeting on 21st September 2013 and resolved to amend the age of retirement of its employees by reducing it to 58 years from 60 years.

(3.) The proposed amendment was sent for approval of Deputy Registrar of Co -operative Societies, Karwar. The Deputy Registrar rejected the proposed amendment. Aggrieved by the same, the Society filed an appeal before the Joint Registrar. The Joint Registrar has, vide his order dated 09th March 2015, approved the amendment and ordered for its registration. Thereafter, respondent No. 3 amended its bye -law in terms of the order passed by the Joint Registrar of Co -operative Societies, with effect from 29th June 2015.