GOVERNMENT TELECOM EMPLOYEES CO OPERATIVE SOCIETY LIMITED STAFF UNION Vs. DIRECTOR CO OPERATIVE OFFICE OF THE CENTRAL REGISTRAR GOVERNMENT OF INDIA DEPARTMENT OF AGRICULTURE AND CO OPERATION NEW DELHI

JUDGEMENT

(1.) THE petitioner in W.P.No.1070 of 2005 seeks of a writ of declaration declaring the action of the respondents 1 to 4 in recruiting persons to the post of Assistant Secretary for the fourth respondent society as communicated by their letter dated 30.8.2004 bearing reference No.RC-421 of 2002 to the Assistant Director, O"o Professional and Executive Employment Office, Chennai-600 004, Executive Employment Office, Chennai-600 004 as the same is illegal, arbitrary, mala fide, contrary to the bye-laws of the fourth respondent society, without jurisdiction and in violation of the second respondent Joint Registrars letter dated 23.7.2002.

(2.) IN W.P.Nos.2322 and 9440 of 2005, the petitioners challenge their respective orders of transfer made by the administrator of the first respondent in W.P.No.1070 of 2005 and fourth respondent in W.P.Nos.2322 and 9440 of 2005 viz., Government Telecom Employees Co-operative Society Limited, which is admittedly a Multi-State Co-operative Society, governed under the provisions of the Multi State Co-operative Societies Act, 2002, which got the assent of the President on 3.7.2002 and was published in the Gazette of INdia on 3.7.2002 in Part-II-S.1, Ex.P.1(No.43).

(3.) IT is not in dispute that the Joint Registrar of Co-operative Societies, Central Registrar, Chennai Region by an order dated 29.8.2002 have chosen to exercise the powers conferred under Sec.48(1) of the Multi State Co-operative Societies Act, 1984. IT is apparent on the face of the record that as on 29.8.2002, since the new Act, which got the assent of the President of India on 3.7.2002 and came into force from 19.8.2002, the provisions of the old Act, viz., Multi State Co-operative Societies Act, 1984, was not applicable, as the same got repealed by virtue of Sec.126 of the Act.