HARYANA STATE COOPERATIVE LAND DEVELOPMENT BANKS EMPLOYEES UNION Vs. HARYANA STATE COOPERATIVE LAND DEVELOPMENT BANK LTD

JUDGEMENT

(1.) THE Haryana State Cooperative Land Development Bank Employees Union through its General Secretary Mr. M. R. Attri seeks writ in the nature of certiorari so as to quash letter/order, Annexure P-4, dated November 5, 1986 and direct the respondents to sanction and pay bonus to the employees working with the Primary Cooperative Land Development Banks in the State of Haryana at the same rate at which it is sanctioned and paid to the employees working with the Haryana State Cooperative Land Development Bank at Chandigarh.

(2.) BRIEF facts, on which the relief asked for is sought to res reveal that the petitioner is a trade union duly registered under the Trade Union Act, 1926. The members of the Union, who are stated to be more than 1000 are working with the Haryana State Cooperative Land Development Bank at Chandigarh and the Primary Cooperative Land Development Banks in the State of Haryana. The Haryana State Cooperative Land Development Bank (hereinafter referred to as respondent No. 1) is an apex Cooperative Society registered under, and governed by, the Haryana Cooperative Societies Act, 1984 (hereinafter referred to as the Act) and by its own bye-laws registered under the Act. It is the case of the petitioner that the State Bank transacts its business mainly through the Primary cooperative Land Development Banks (hereinafter referred to as the Primary Banks) which are its members. There is close structural and functional inter-locking between the State Bank and the Primary Banks. All the members of the State Bank, belonging to the area of operation of the Primary Bank are deemed to have become members of the Primary Bank from the date of its registration. At present there are about seventy Primary Banks in the State of Haryana. But for Class IV employees, all other personnel of the Primary Banks are provided by the State Bank, which sends its own employees on deputation to the Primary Banks. Model Bye-law 70 of the Primary Banks reads thus:

(3.) IN the reply filed on behalf of the respondents the factual position has not been disputed. All that has been stated to oppose the cause of petitioner Union is that the employees working with the Primary Cooperative Land Development Banks are not entitled to bonus at the rate of 20% because all such Primary Banks have in- dependent Boards and their balance sheets are prepared separately for every accounting year.