BASAVARAJ NAGAPPA MAILWAR Vs. COMMON CADRE AUTHORITY

JUDGEMENT

(1.) As the questions that arise for determination in these cases are either common or inter-connected, we propose to dispose of them by a common order.

(2.) Prior to 23rd September, 1975, the Agricultural and Rural Development Banks (ARD Banks) formerly called as "Primary Land Development Banks" (PLD Banks) established and functioning under Chapter XI of the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) ('the Act') were competent to recruit their personnel subject to the Rules made under the Act. S. 128A incorporated to the Act by the Karnataka Co-operative Societies (Amendment) Act of 1975 (Karnataka Act 39 of 1975) on and from 23rd September, 1975 that stood further amended by the Karnataka Co-operative Societies (Amendment) Act of 1976 (Karnataka Act 19 of 1976) (Amending Acts) empowered Government to establish Common Cadre Authority (CCA) to uniformly regulate the recruitment, training and disciplinary control of such class of societies as are to be stipulated in the Rules and the orders to be made thereunder by Government. As pointed out by us in Primary Co-operative Land Development Bank Ltd. v. State of Karnataka (I.L.R. 1986 K.A.R. 427), wherein we have upheld the validity of this provision, Rules 17A, 17B and the Constitution of a CCA for ARD Banks for the State, the CCA would become the appointing authority in the place of the management of the respective Banks.

(3.) But, before framing Rules and constituting CCAs under the aforesaid provision, which would naturally occupy considerable time and exercise. Government in exercise of the powers conferred on it by S. 30-B(i) of the Act made an order on 2nd September, 1976 published in the Karnataka Gazette dated 9th September, 1976 (Exhibit-O in Writ Petitions Nos. 19838 and 19839 of 1979) directing the various classes of societies stipulated therein not to make any recruitment in those societies for a period of three months from the date of that order. That order reads thus : "RURAL DEVELOPMENT AND CO-OPERATION SECRETARIAT Order No. RDC 16 CIM 76 Bangalore, dated 2nd September, 1976 S.O. 2333 - Whereas S. 128A of the Karnataka Co-operative Societies Act, 1959, empowers the State Government to constitute authorities for the recruitment, training and disciplinary control over the prescribed class of employees of the prescribed co-operative societies which the State Government has given financial aid : Whereas the prescription of such class of employees and the co-operative societies and the constitution of authorities are under active consideration of the State Government. Whereas pending such prescription, the State Government is satisfied that in public interest and to secure the proper management of the business of such co-operative societies, it is necessary to issue directions to certain class of co-operative societies not to make recruitments. Now, therefore, in exercise of the power conferred by S. 30B of the Karnataka Co-operative Societies Act, 1959 (Karnataka Act 11 of 1959) the Government of Karnataka hereby directs that the co-operative societies specified below shall not make any recruitment for a period of three months from the date of this order, namely - (1) All Co-operative Societies/Banks the Jurisdiction of which extends upto or beyond a taluk. (2) All Co-operative Sugar Factories. (3) All Co-operative Textile mills. (4) All other Co-operative Processing Societies. By Order and in the name of the Governor of Karnataka Sd/ (S. V. Torke) Under Secretary to Govt. Rural Development and Co-operation Department." On 28th December, 1976 Government extended the period stipulated therein till 28th February, 1977 and as to further extensions, if any, cannot be gathered and stated by us.