THE BAPAULI CO-OPERATIVE AGRICULTURAL SERVICE SOCIETY, P.O. BAPA DISTRICT KURUKSHETRA Vs. THE STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) THIS order deals with Civil Writ Petitions Nos. 5078, 5292, 5522 and 6431 of 1974 and 427 of 1975. In all these writ petitions the vires of Section 84 -A of the Punjab Cooperative Societies Act, 1961 (as amended by Haryana State Legislature) (hereinafter called the Act) and the Common Cadre Rules for the Secretaries of Primary Cooperative Agricultural Credit/Service Societies framed by the Haryana State Cooperative Bank under Section 84 -A of the Act, has been challenged. This section authorises the Apex Society to constitute a common cadre of all or specific class of employees in the service of that Society or in the service of the central societies which are members of the Apex Society or the aforesaid central societies. Sub -section (2) of this section provides that when a common cadre is constituted under Sub -section (1), the Apex Society shall, with the prior approval of the Registrar, make rules for the regulation of recruitment and the conditions of service of such employees. It may be pointed out that in accordance with the provisions of Section 84 -A, the Haryana State Central Co operative Bank's Staff Service (Common Cadre) Rules, 1975, have been framed by the Haryana State Cooperative Bank Ltd.

(2.) CIVIL Writ Petition No. 427 of 1975 has been filed by the Bapauli Cooperative Agricultural Service Society, whereas the other four writ petitions referred to above, have been filed by the employees of various societies who are effected by the promulgation of the rules referred to above. The Learned Counsel for the parties have pointed out that there is a large number of other writ petitions pending in this Court in which the vires of Section 84 -A of the Act and the Common Cadre Rules has been challenged. The main argument in support of the contention raised by the Learned Counsel for the Petitioners in these writ petitions, is that the provisions of Section 84 -A run counter to the provisions of Section 25 and Section 85(2) (xxxviii) of the Act and, therefore, the provisions of Section 84 -A are ultra vires of the Act itself. It is thus contended that the rules framed in pursuance of Section 84 of the Act are also ultra vires and are liable to be struck down. Since the point involved is of considerable importance affecting a large number of employees of the various societies and number of petitions on this point are pending in this Court, I consider it proper that these petitions and all, other petitions which are pending in this Court involving the same point be decided by a larger Bench. I, therefore, direct that the papers be put up before my lord the Chief Justice within a week for constituting a larger Bench.

(3.) THE petitioner is Co -operative Society registered under the Punjab Co -operative Societies Act, 1961 ( hereinafter called the Act). In exercise of thr. powers under section 84 -A of the Act, the Registrar Co -operative societies, Haryana, Chandigarh, directed the apex Society respondent No. 3 of frame Common Cadre Rules applicable to some of the categories of servants of its member societies, including the petition -Society. Respondent No. 3 consequently framed the Primary Co -operative Agricultural Credit/Service Societies, Secretaries Common Cadre Rules, 1973, which were later on replaced by the Haryana State Central Co -operative Bank Staff Service (Common Cadre) Rules, 1975 (hereinafter called the Rules). It is alleged that these Rules infringed upon the statutory rights of the Primary Co -operative Societies conferred on them under Section 2(1) of the Act, which lays down that final authority in a co -operative society shall vest in the general body of the members and where the bye -lays of such a society provide the constitution of a smaller body, such authority shall vest in the smaller body consisting of the delegate members of the society.