C SARADA Vs. DEPUTY DIRECTOR

JUDGEMENT

(1.) The question that is posed for consideration in this case whether the Co-operative Societies registered under the Kerala Co-operative Societies Act, 1969 are free to fix different age for retirement of the employees.

(2.) A learned single Judge of this Court in Cochin Co-op. Hospitals Society Ltd. v. Registrar of Co-operative Societies interpreting Rule 183(2) of the Co-operative Societies Rules, 1969 held that a Co-operative Society governed by the Co-operative Societies Act, 1969 has no right to prescribe the retirement age lesser or higher than what is prescribed therein. Another learned single Judge of this Court in WP(C). 20619 of 2003 against which this writ appeal has been preferred has taken the view that Rule 183(2) does not provide that in every case, the retirement age should be 58, which according to the learned single Judge is only the maximum age of retirement and consequently it is open to the Co-operative Societies to fix age for retirement of their employees.

(3.) The entire controversy is centred round the interpretation of Rule 183(2) of the Co-operative Societies Rules, 1969 which is extracted below for easy reference: