NARAYANAN NAIR Vs. KOTTAYAM DIST CO OP BANK

JUDGEMENT

(1.) R.200 of the Kerala Cooperative Societies Rules (hereinafter referred to, for convenience of reference, as the 'Rules') framed under S.80 of the Kerala Cooperative Societies Act (hereinafter referred to as the 'Act') comes up for interpretation in these writ petitions. The Rules had been earlier considered by our learned Brother, Justice Chandrasekhara Menon in OP 549 of 1975. The writ petition concerned the claim of an employee of Society to continue in service in accordance with the provisions of an agreement which fixed for retirement on superannuation a higher age than those provided under the Rules which came into force later. The views of the learned Judge were expressed thus:

(2.) The correctness of the above view was doubted by one of us (Kochu Thommen, J.). The order of reference brings out the difference of view in sharp focus. The following extract from the order "of reference is therefore apposite:

(3.) Different facets of the Rule had been considered by other learned Judges of this court. Thus, M. P. Menon, J., had occasion to advert to the rule while deciding O. P. Nos. 3220 and 3577 of 1980. The construction of the rule as such, was not directly in question in those cases. The writ petitions dealt with the validity of a Government Order. G. O. Rt. 2371/80 dated 20-8-1980 (produced as Ext. X5 in O. P. 2630 of 1980) whereunder the Government purported to express its view on the rule for the guidance of the functionaries under the Act. The learned Judge observed that the order was beyond the power of the Government, for the reason that statutory functionaries who have to administer the provisions of the Act and Rules including R.200, should not be fettered in the exercise of their statutory power by an effective order passed by the Government. (We are informed that this judgment is pending decision in Writ Appeal). About the possible interpretations which could be placed on the Rule, the learned Judge observed pertinently: