J P THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since common questions of law and facts are involved in all these petitions, the same were taken up together for hearing and are being disposed of by a common judgment. However, in order to maintain clarity, facts of each petition have been dealt with separately. CWP No. 342/2008-B Petitioners were serving with the Central Cooperative Consumers Store, Shimla registered under the Cooperative Societies Act. Respondent No. 4 requested respondent No. 3 to take up the services of petitioners for procurement and distribution of control articles vide letter dated 10.6.1994. Thereafter, respondent No. 3, agreed vide letter dated 18.6.1994 to utilize 12 shops only for management purpose alongwith 18 workers (10 salesmen and 8 helpers). Condition No. 4 of letter dated 18.6.1994 reads thus:

(2.) Petitioners preferred petition under section 72 of the Himachal Pradesh Cooperative Societies Act, 1968 (hereinafter referred to as 'Act' for brevity sake) before respondent No. 2. Respondent No. 2 assigned the matter for adjudication to the Deputy Registrar (Administration), Cooperative Societies. He vide office order 26.7.2003 held that there was no clause in the letter by virtue of which the financial benefits to the petitioners could be frozen. In other words, he has held that the petitioners were entitled to revised pay-scale without arrears of revised pay scales. Respondent No. 3 preferred an appeal before the Additional Secretary Cooperation against the order dated 26.7.2003. He has allowed the payment of arrears and allowances to the petitioners in their existing running pay scale from 25.9.1998. The plea of respondent No. 3 that the arrears of pay be restricted to three years was rejected vide order dated 3.12.2005. Respondent No. 3 challenged order dated 3.12.2005 in this Court by way of CWP No. 272/2006. The same was decided on 21.6.2007 and the matter was remanded back to the Additional Secretary (Cooperation) for adjudication. Joint Secretary (Cooperation) decided the appeal on 3.12.2007. He held that the emoluments of pay which were admissible to the petitioners under the then pay scales could not be withheld. According to him, dearness allowance and other consequential benefits which the petitioners were already getting on the date of agreement would continue to be paid. However, according to him, they were not liable to pay future dearness allowance etc. at par with the employees of the federation. The prayer of the petitioners to get revised pay scale was rejected. In these circumstances, order passed by the Deputy Registrar (Administration), Cooperative Societies was modified. According to the petitioners they are entitled to regular pay scale at par with the employees of respondent No. 3-federation with arrears of consequential benefits like arrears of dearness allowance and other benefits etc.

(3.) Stand of the respondent-federation is that there was no master - servant relationship between the petitioners and the federation. It is further averred that the petitioners are only entitled to the existing pay scale as per agreement dated 18.6.1994.