LAWS(P&H)-2009-3-171

K.L. ARORA Vs. REGISTRAR, COOPERATIVE SOCIETIES

Decided On March 19, 2009
Dr. K.L. Arora and Ors. Appellant
V/S
The Registrar, Cooperative Societies and Ors. Respondents

JUDGEMENT

(1.) THIS order shall dispose of a bunch of 13 petitions as common questions of law are involved therein. However, for putting the controversy in its proper perspective, facts are being stated from C.W.P. No. 15293 of 1990. The Petitioners, who are employees of the Punjab State Cooperative Milk Producers Federation Limited -Respondent No. 2 (for brevity, 'the Federation') have been recruited as Veterinary Officers and their services are being continuously used by the Federation or loaned to Respondent Nos. 4 to 10, which are District Cooperative Milk Producers Unions (for brevity, 'the Unions'). All the Petitioners constituted a common cadre. The Petitioners have approached this Court with a prayer for issuance of direction to the Respondents to grant them pay and allowances in accordance with the pay scale and allowances viz. Dearness Allowance, House Rent Allowance, City Compensatory Allowance etc. or any other compensatory allowance given to the employees of the Punjab State by its notification dated 15th February, 1990 (P -5) with effect from 1st January, 1986. A direction has also been sought for payment of arrears with compound interest at the rate of 15% per annum and also for quashing order dated 12th November, 1990 (P -12) passed by the Federation, discontinuing the application of the pay scale as adopted by the State Government on the ground of financial stringency.

(2.) IT is pertinent to notice that in the connected petitions, the Petitioners have been working on various posts of Accountants, Junior Accountants, Assistants, Milk Procurement Assistants Grade -II, Senior Clerk, Clerks, Junior Scale Stenographer, Head Draftsman, Draftsman (Mech.), Draftsman (Civil) and Sectional Officer etc. either with the Federation or various milk Unions and similar prayers for grant of pay scale equivalent to their counter part employees of the Punjab Government and its corporate bodies have been made.

(3.) THE Petitioners have supported their claim for maintainability of writ petition under Article 226 of the Constitution. For proving that the Federation alongwith Unions are instrumentalities of the State or any other authority within the meaning of Article 12 of the Constitution, they have asserted that the subscribed share capital of the Federation as on 31st March, 1990 was Rs. 2,10,00,000 out of which Rs. 1,39,00,000 were contributed by the Punjab Government. According to the bye -laws of the Federation, the Registrar, Cooperative Societies, Punjab as also other nominees of the State Government are on its Board of Directors. The Managing Director of the Federation is also appointed only with the approval of the Registrar. The Petitioners have also pointed out that financial control of the State on the Federation is so deep that the State Government also extends the facility of huge loans to the Federation as and when required for its working.