SAHAKARI SAMSTHA KARMACHARI SANGH Vs. REGISTRAR COOP SOCIETIES

JUDGEMENT

(1.) PETITIONER is a registered trade union of employees of Aadim Jati Sewa Sahakari Samiti Mydt., Jhabua. This society is registered society and at present in District Jhabua 70 Aadim Jati Cooperative Societies are functioning. Petitioner trade union represents the interest of the employees of the cooperative societies in the District Jhabua. Non applicant No. 2 had approved a resolution of executive committee of the Aadim Jati Cooperative Society dated 31.12.1996 to grant benefit of payscale recommended by the Vth pay Commission to all the employees of Aadim Jati Cooperative Society. It was also approved that the benefit of this payscale shall be extended to all the employees and additional dearness allowance shall also be payable to them as and when increased by the government from time to time. Non Applicant No. 2 had accorded his approval by his letter dated 31.12.1996. As per resolution dated 5.10.1998 of the executive committee of the society, it approved the proposal to grant benefit of Vth Pay Commission payscales to its employees w.e.f. 1.1.1996 and this resolution of the executive committee was also approved in the annual general meeting of the society on 15.11.1998. Aadim Jati cooperative societies in District Jhabua are running in profit and profit is likely to be increased in future, but non applicant No. 2 in an illegal manner issued directions on 3.11.1998 to withdraw the benefit of payscale of Vth Pay Commission, which was granted to all employees of the Aadim Jati Cooperative Societies in Dist. Jhabua. This order of Dy. Registrar is illegal and contrary to law. He has no jurisdiction to withdraw the earlier order. Provisions of Section 49-A of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act, have been deleted by the Registrar w.e.f. 8.4.1994 and therefore the Dy Registrar has no jurisdiction to annual the resolution of the committee of the society.

(2.) BEING aggrieved of this order of the learned Dy. Registrar, the petitioner had filed this revision petition before the Revenue Board and the same has been received on transfer to this Tribunal after its establishment.

(3.) IN the impugned directions dated 3.11.1998 the learned Dy Registrar has observed that it has been brought to his notice that the employees of the cooperative society are being paid salary and allowance as per government employees in accordance with the payscale of Vth Pay Commission. He has further pointed out in Para 1 that under provisions of Section 55 (1) of the Act such payscale, revision in payscale and grant of particular payscale to employees of cooperative societies can be granted only with the prior approval of the Registrar. Registrar alone is competent to accord the desired approval and sanction. He further pointed out that no service rules have been framed by the Registrar governing the service conditions of the employees of this cooperative society. However, he had approved model staffing pattern and payscale as per his order dated 9.10.1990 for the staff members of all such societies, for whom no statutory service rules have been framed by him. In accordance with this direction staff can be recruited and their payscale can be prescribed and fixed. But some of the societies in contravention to and contrary to the directions of the Registrar have illegally granted different payscales to their employees.