A NATARAJAN Vs. REGISTRAR OF CO OPERATIVE SOCIETIES

JUDGEMENT

(1.) THIS application, by twelve employees of the Salem Central Co-operative Bank Ltd., is directed against the orders of the Special Officer of the said Bank, the Deputy Registrar of the Co-operative Societies, Salem and the Special Tribunal for Co-operative Cases, Madras, impleading besides them as respondents, the Registrar of Co-operative Societies. The Salem District Co-operative Sector Bank Employees Union represented by its Joint Secretary has applied for being impleaded as a party respondent and has been heard as per the order of Court dated 28th January, 1985 in WMP No. 906 of 1985.

(2.) IT is not in dispute that the petitioners were appointed as Branch Managers in the Salem Central Co-operative Bank Ltd., by direct recruitment in the years 1969 and 1972 by the competent authority and that the Special By-laws of the Salem Central Co-operative Bank Ltd., contained inter-alia, that persons recruited to the posts of Branch Managers should be atleast a Graduate in Arts or Commerce with a first or second class or possess any other equivalent or higher qualifications recognised by the State Government and should undergo a course in Co-operative Banking successfully at any of the Co-operative Training Colleges, administered by the Committee for Co-operative Training, New Delhi or at the Vaikuntalala Institute of Co-operative Management, Poona or by the Reserve Bank of India, within the period of probation, and that the Upper Division Clerks with three years experience can also be considered for the posts of Branch Managers. The State Government however constituted a Committee, which made certain recommendations and pursuant to the recommendations of the Committee, the Government issued G.O.Ms. No. 645 Co-operative Department dated 1st December, 1977.

(3.) ON account of the new scheme sought to be introduced, the third respondent promoted certain Upper Division Clerks/Senior Assistants as Assistant Managers ignoring the claims of the petitioners, who were appointed as Branch Managers and which, according to the Special By-laws of the Bank, were a Grade above the Upper Divisions Clerks. The petitioners and other Branch Managers of the bank raised a dispute before the Deputy Registrar (first respondent), who advised to raise a dispute under Section73 of the Tamil Nadu Co-operative Societies Act, 1961 (hereinafter referred to as "the Act").