GWALIOR DUGDHA SANGH Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONERS have filed this petition challenging the order passed by Joint Registrar, Cooperative Societies, Gwalior, dated 3.3.2001. By the aforesaid order earlier resolutions passed by the Board of Directors dated 3.5.2001 and 15.6.2001 have been nullified by the Joint Registrar under section 80 of the Madhya Pradesh Cooperative Societies Act, 1960, hereinafter called as 'the Act of 1960'.

(2.) THE petitioners No. 1 and 2 are the registered unions of employees working in Gwalior Sahakari Dugdha Sangh respondent No. 4, which is a registered society, registered under the provisions of Madhya Pradesh Cooperative Societies Act, 1960. Respondent No. 5 is an Apex Society, registered under the provisions of the Act of 1960. It has its own Bye-laws and has special powers as per provisions of sections 47 and 47-A of the Act of 1960.

(3.) WAS taken into consideration because at the time the respondent No. 4 was in total loss of Rs.31,70,67,708/-. The respondent No. 4 replied the show cause notice and stated that it had taken into consideration the guidelines issued by respondent No. 5. It was further stated that in the year 2001 -2002 the respondent was in profit excluding depreciation and other provisions. The turn over of respondent No. 4 was also increased. It had further been stated that other Dugdh Sanghs who were in loss, they also granted benefit of Fifth Pay Commission to their employees. By the impugned order the Joint Registrar nullified the resolution passed by the Board of Directors of respondent No. 4 and held that employees of respondent No. 4 were not entitled the benefit of Fifth Pay Commission. 4. Petitioners in petition stated that benefit of Fifth Pay Commission of higher pay scale has been granted to the employees by the respondent No. 5. Before nullifying the resolution no show cause notice was issued to the employees concerned, hence it is bad in law. It has further been stated that the employees of Indore and Bhopal Dugdh Sanghs were getting the benefit of the Fifth Pay Commission, however, those societies were also in loss.