ALLAHABAD DISTRICT CO OPERATIVE BANK Vs. LALJI SRIVASTAVA

JUDGEMENT

(1.) Respondent, Sri Lalji Srivastava, was appointed on May 18, 1960 as a clerk in Allahabad District Co-operative Bank Ltd. Allaha- bad" (hereinafter referred to as the Bank), which is a Co-operative Society within the meaning of U P Co-operative Societies Act (hereinafter referred to as the Act) By a notice dated November 12, 1992 issued by the General Manager of the Bank, the said respondent has been retired from service on completion of 58 years of age. He challenged the above notice by means of a writ petition before this Court, which had been allowed on September 28, 1993 and the notice of retirement has been quashed by tbe learned Single Judge on the ground that in view of the settlement dated February 22, 1966 respondent can only be retired at the age 60 years. Against the above judg- ment the Bank has filed this special appeal. We have heard learned counsel for the parties.

(2.) Respondent was appointed on May 18, 1960 as a clerk in the Bank. On February 22, 1966 a settlement was reached between the Bank and its employees union of which the respondent was a member. In this settlement age of retirement was fixed at 60 years In 1975 the UP. Co-operative Societies Employees Service Regulations, 1975 were framed under Section 122 of the Act for regulating the conoitions of service of the employees of Co- operative Societies Regulation 24 (i lays down the age of retirement of the employees at 38 years; but clause (ii) of the same Regulation, which is reproduced below, provides that if the society bas entered into a contract with an employee on the date of his employment, whereby he is entitied to con- tinue beyond 58 years, the rule of retirement at the age of 58 years will not apply.

(3.) Bank is an industry and the respondent is a workman. Learned Single Judge has recorded a categorical finding to the effect that the respon- dent is a workman and the settlement dated February 22, 1966 was as settlement within the meaning of Section 18 of the Industrial Disputes Act. Supreme Court in LIC of India v. D J. Bahadur 1980 UPLBEC 202 has laid down that settlement arrived at between employer and the workmen under the Industrial Disputes Act continues to remain in force till it is altered by a fresh settlement, award or valid legislation. It was further laid down that vis-a-vis industrial disputes between the employer and his workmen the Industrial Disputes Act is a special statute and the LIC Act on the other hand is although a special legislation vis-a-vis nationalization of Life Insurance; but it is a general statute regarding the industrial disputes between the employer and his workmen It was accordingly held that a settlement arrived at under the Industrial Disputes Act will prevail over the regulations framed under the LTC Act. In the instant case the Act is a special statute vis-a-vis Co-operative, but as regards the industrial disputes and its settlement it is a general law. Settlement dated February 22, 1966 has overriding effect over regulation 24. It is not disputed that there is neither any fresh settle- ment nor any award nor any legislation altering the above settlement of 1966, with the result, the said settlement will continue to govern the conditions of service and the respondent is entitled to continue to work upto the age of 60 years. The impugned notice retiring him at the age of 58 years as such, cannot be sustained.