CHELLAPPAN Vs. DIRECTOR OF HANDLOOMS

JUDGEMENT

(1.) The petitioners in the two writ petitions are Paid Secretaries of two Handloom Weavers Cooperative Societies, aged respectively 60 years and 58 years in, July, 1983. The complaint of the petitioners is that they were sought to be relieved from service on the ground that they attained the age of superannuation of 58 years. The Director of Handlooms who is also invested with the powers of the Registrar of Cooperative Societies, informed the General Manager, District Industries Centre, Trivandrum, as per Ext. P1 produced in the two writ petitions, that the age of retirement of the employees of Handloom Weavers Cooperative Societies including Paid Secretaries is fixed as 58 under R.183(2) of the Cooperative Societies Rules and that this retirement age should be strictly followed. Ext. P1 is challenged in these writ petitions.

(2.) It is admitted that the societies in which the petitioners were employed are governed by the Kerala Cooperative Societies Act and the Rules made thereunder. But these societies are under the administrative control of the Director of Industries and Commerce and not under the Cooperative Department. The rule relating to retirement of employees of Co operative Societies is contained in R.183(2) in Chap.15 of the Cooperative Societies Rules which reads thus:

(3.) If R.183(2) applies there should be no doubt that the petitioners have to retire on attaining the age of 58 years. The contention is that R.183(2) does not apply.