MUKUND LAL TRIPATHI Vs. BANDA DISTRICT CO

JUDGEMENT

(1.) The petitioner has approached this Court consequent upon receiving a caveat notice dated 28.5.2004 sent by respondent No. 1. He has further sought a writ of mandamus commanding the respondents to permit him to continue in service till 31.7.2006, i.e., till he attains the age of 60 years and to give all consequential benefits accruing thereon.

(2.) The facts in brief as stated in the writ petition are that the petitioner was working as Branch Manager in the Head office of Banda District Co-operative Bank, Banda. Initially, he was appointed as Clerk on temporary basis in District Cooperative Bank (hereinafter referred to as "the Bank"), Branch Office Karvi, District Banda on 25.1.1972 and was confirmed on 16.5.1973. He was promoted as Branch Manager on 2.6.2003. A dispute arose between the employees of various District Cooperative Banks before the Industrial Tribunal wherein a settlement/agreement was entered into on 22.2.1966 (Annexure-6 to the writ petition) which stipulated that the age of superannuation of the Bank's employees would be 60 years. The grievance of the petitioner is that the respondents are erroneously retiring him on 31.7.2004 on attaining the age of 58 years which is in contravention of the settlement dated 22.2.1966. It is also said that settlement was implemented and acted upon in respect to the petitioner. However, in 1975 U.P. Cooperative Societies Societies Employees Service Regulations, 1975 (hereinafter referred to as "1975 Regulations) were promulgated and the petitioner has been retired under Regulation 24, ignoring proviso thereof which provides that the employees having contract prior to enforcement of 1975 Regulations shall continue beyond 58 years as per contract.

(3.) The respondents have filed counter affidavit stating that there was a settlement dated 12.12.1965 providing age of retirement of the employees of the Bank as 58 years. Further there was an industrial dispute raised by the U.P. Bank Employees Union which was referred for adjudication to Industrial Tribunal III Allahabad in Adjudication Case No. 53 of 1963 wherein 50 Cooperative Banks were parties, which involved the dispute with respect to age of retirement as well. The Bank in question was party in the said adjudication case. The learned Tribunal gave its award on 25.6.1971 which was published by the State Government on 17.7.1971. The said award is commonly known as "Joshi Award" wherein also the age of retirement of employees was held to be 58 years. In para 13 of the counter affidavit it is denied that there was any settlement arrived at between the Bank and the employees on 22.2.1966 providing age of retirement other than 58 years.