WALI DEEN AND OTHERS Vs. REGISTRAR, CO

JUDGEMENT

(1.) By way of present petition, the petitioners have challenged the amended Rule 1.3 and 1.3 (A) of the Haryana State Central Cooperatives Consumer's Stores Staff Service (hereinafter referred to as the Common Cadre Rules) on the ground that the said amended Rules are unconstitutional and against the provisions of law.

(2.) Briefly, the case of the petitioners is that they are the employees of Haryana State Federation of Consumer's Wholesale Stores Limited, Chandigarh (hereinafter referred to as 'CONFED'). It has been averred that CONFED is a cooperative society registered under the Punjab Cooperative Societies Act, 1961. It has been further averred that the petitioners were appointed as salesman by the Managing Director of CONFED. In the year 1979, the respondent federation CONFED framed the Haryana State Central Cooperatives Consumer's Stores Staff Service (Common Cadre Rules). Such rules were framed with the prior approval of the Registrar as required under the Sec. 84-A of the Punjab Cooperative Societies Act, 1961. Sec. 84-A basically provides for the constitution of the common cadre of all or specific class of employees in the service of the said societies. The Common Cadre Rules were applicable to all the employees including salesman except Class IV employees. Under the Common Cadre Rules the employees could be transferred from one store to another store in the State which were members of CONFED. The employees could also be transferred in the branches of the CONFED throughout the State.

(3.) In the year 1983, the respondent federation amended Rule 1.3 and 1.3 (A) of the Common Cadre Rules. By virtue of this amendment, the post of salesman, drivers, clerks, helpers and storekeepers were brought out of the ambit of the Common Cadre Rules and all the employees who were holding the above-mentioned posts were ordered to be allocated, to the stores where-ever the employees were working. The relevant provisions of Common Cadre Rules framed in the year 1979 along with the amended Rules, 1983 as mentioned in para 7 of the petition are being reproduced below: