HISAR DISTRICT CENTRAL COOPERATIVE BANK LTD HISAR ITS MANAGING DIRECTOR Vs. LABOUR-CUM-CONCILIATION OFFICER, HISAR AND OTHERS

JUDGEMENT

(1.) The writ petition challenges the settlement entered into between the second respondent-Kohli Primary Agriculture Cooperative Society, with the labour Union of Mini Bank Karamchari Sangh, under Section 12(3) of the Industrial Disputes Act. As per the terms of the settlement, the Society had agreed to grant pay scales on the pattern of Haryana Government at the rate of Rs. 3050-4590 to the cadre of Clerk and Salesman and Rs. 2550-3200 to the Chowkidar and Peons. The other demands which were acceded to were that the Society shall grant all other allowances and facilities as per grades of Haryana Government and the dearness allowance.

(2.) The petitioner which is the Hisar District Central Cooperative Bank Limited, claimed to be the controlling bank for the Society and states that the settlement entered into by the Society with the workers' Union runs contrary to the directives issued by the Registrar, Cooperative Societies fixing a consolidated sum of Rs. 6750/- as the minimum salary for a Clerk/Salesman and maximum at Rs. 7500/-, while the minimum for the Peon/Chowkidar was Rs. 4750/- and the maximum being Rs. 5500/-. The learned counsel appearing for the petitioner would also submit that the power to fix consolidated salary as per Rule 9 of the Primary Cooperative Credit and Service Societies Staff Services Rules, 1992, was challenged by the employees of Lahrian Patti Nehra Cooperative Credit and Service Society Limited in Civil Writ Petition No. 14244 of 1999 and by a judgment dated 24.01.2000, the power of the Registrar to fix consolidated pay under Rule 9 read with Section 28 had been upheld.

(3.) The issue in this case is not whether the Registrar has a power to fix consolidated pay. It is whether a settlement entered into by the Society with the employees Union could be annulled by a person who is not a party to the settlement. The petitioner-Bank may have other remedies to rein in a Cooperative Society acting under its control and take any action that may be possible either under the provisions of the Act under which the Society was formed or by any other terms that are available to the petitioner to enforce its regulations. The power cannot extend to annulling a valid settlement under the Section 12(3) of the Industrial Disputes Act.