BHOLA PRASAD CHANDRAKAR S/O LT DEV PRASAD CHANDRAKAR Vs. CHHATTISGARH STATE CO-OPERATIVE MARKETING FEDERATION LTD

JUDGEMENT

(1.) In the present batch of writ petitions, the petitioners, who are retired employees of the Chhattisgarh State Cooperative Marketing Federation Limited (henceforth 'MARKFED'), a registered cooperative society, have assailed the legality and validity of the order whereby the MARKFED has rejected their claim for releasing the amount of gratuity, group insurance, salary for the period of suspension, leave encashment etc. for the reason that departmental enquiry against them has not yet been finalized. The petitioners have also prayed for a direction to the respondent authorities to pass final order in the pending departmental enquiry against the petitioner.

(2.) Facts of the case being more or less undisputed to the extent that the petitioners are retired employees of the MARKFED and at the time of their retirement, departmental enquiry was pending against each one of them, the seminal question falling for decision making is whether the MARKFED can withhold the above stated benefits under any statutory provision or any rule or regulations having force of law

(3.) The MARKFED is a cooperative society registered under the CG Cooperative Societies Act, 1960 (henceforth 'the Act, 1960'). The conditions of service are governed under the CG State Cooperative Federation Service Rules, 2007 (henceforth 'the Rules, 2007'). It has not been disputed before this Court that the Rules, 2007 have been framed by the Registrar, Cooperative Society, Chhattisgarh under Section 55(1) of the Act, 1960.