BACHAN DASS Vs. STATE

JUDGEMENT

(1.) AN order issued by the Registrar, Cooperative Societies, Jammu and Kashmir, Jammu on 16th Jan' 2002, Whereby the age of retirement of the employees working with the Cooperative Societies and more particularly the employees of the Kashmir Cooperative Mercantile Bank Ltd, District Central Cooperative Bank, Baramulla, District Central Cooperative Bank Ltd, Anantnag, Jammu and Kashmir State Cooperative Bank Ltd, Srinagar and Jammu Central Cooperative Bank Ltd, Jammu, has been reduced from 60 to 58 years, is the subject matter of challenge in this petition. The above notification makes mention of the fact that the banks whose description is given in para 9 of the order have conveyed their consent to the reduction in the retirement age from 60 to 58 years and whereas some banks have not given their consent. It is precisely for this reason, order dt 16th Jan' 2002 is passed.

(2.) BEFORE noticing the arguments which have been raised, it would be apt to notice some basic facts.

(3.) THE further fact which is required to be taken note of is that various Cooperative Banking institutions have framed their own services rules. So far as the Jammu Central Cooperative Bank Ltd, is concerned, it has framed the Rules known as the Jammu Central Cooperative Bank Ltd. Jammu's Employees service Rules, 1997. It is stated that under these Rules, the age of retirement has been fixed at 60 years. Reliance is being placed on Rule 39. For facility of reference, this Rule is being reproduced below: -