ABHILASH JENA Vs. REGISTRAR OF CO OPERATIVE

JUDGEMENT

(1.) THE petitioner while challenging the validity of Rule 25 of the LAMPS Common Cadre Employees of Key Personnel Service Rules (hereinafter called 'Cadre Rules') which came into force from 1 -7 -1985 prays for a direction to quash the order dated 13 -6 -1991 passed by the Cadre Cell, Mayurbhanj Central Co -operative Bank, Ltd. Baripada, retiring him from service with effect from 31 -3 -1991 (Annexure 3)

(2.) IN the year 1977 various Service Co -operative Societies and Gram Panchayat Grain Gola Co -operative Societies were re -organised and the Large Sized Agricultural Multipurpose Co -operative Societies (for short,'LAMP') were constituted in the district of Mayurbhanj. The LAMPS were affiliated to the Mayurbhanj Central Co -operative Bank,Bari -pada. In the process of re -organisation the existing Co -operative Societies were either amalgamated with LAMPS or liquidated. Purnia Grain Gola Gram Panchayat Society was amalgamated with Baisinga LAMPS and a branch was opened at Purnia. The petitioner had joined Purnia Gram Panchayat Grain Gola Co -operative Society on 8 -7 -1955 as its Secretary. After its amalgama - tion with the LAMPS, he joined as its branch manager at Purnia on 1 -5 - 1978. He avers that there were no rules regarding the service condition of the employees of the Purnia Gram Panchayat Grain Gola Co -operative Society. In the absence of such rules one could continue in service as long as the Co -operative Society needed one's service. But however for the first time in the year 1983 the Registrar of the Co -operative Socie - ties, Orissa passed an order to the effect that no person who has attained the age of 58 years shall be retained in service of a Co -operative Society, and a Society may with the prior permission of the Registrar employ a person who has attained the age of 58 years on a contract basis for a specific period not exceeding two years provided that such person has an outstanding record and technical expertise and his services are essentially required in the interest of the Society (Annexure -1), The Managing Director of Baisinga LAMP by his order No. 377 dated 31 -3 -1990 (Annexure -2) extended the petitioner's services for a period of five years on the basis o1 a resolution dated 21 -2 -1990 of the Committee of the Management in view of his outstanding records. However, according to the said order the extension was legally valid only for two years. Subsequently in the year 1985 the Registrar of the Co -operative Societies framed the Cadre Rules in exercise of the power under Section 33 -A of the Orissa Co operative Societies Act, 1952, without giving notice to the petitioner Rule 25 (a) thereof Says down that the date of retirement of the Key personnel employees in the LAMP is the date on which the employee attains the age of 58 years, provided that the last day of the month shall be the date of superannuation even though he attains the age of superannuation on any day during the same month. The petitioner's date of birth as recorded in the Service Book being 25 -3 -1933 he attained the age of 58 years in March, 1991, But he was wrongly retired with effect from 31 -3 -1991 in terms of Rule 25 (a) of the Cadre Rules by ignoring the resolution dated 21 -2 -1890 and the order dated 2 -4 -1983 of the Registrar (Annexure -1), though he was entitled to continue in service till 31 -3 -1993, His further contention is that Rule 25 of the Cadre Rules has been framed in contravention of Sec 25 of the industrial Disputes Act, 1947, and as such, it is invalid and inoperative in terms of Section 25J thereof,

(3.) SECTION 33 -A of the Orissa Co -operative Societies Act 1962 existed in 1935 prior to it amendment on 31 -12 -1991, read as