MOTI LAL PANDITA Vs. STATE

JUDGEMENT

(1.) THE controversy raised in these petitions is as to whether the employees working in the Cooperative Banks/Societies are to retire at the age of 60 years or 58 years as per SRO 233 of 1988.

(2.) LEARNED counsel for the petitioners submit that SRO 233 of 1988 dated 8th July88, was issued by the Government in exercise of powers conferred by Section 124 of the Jammu and Kashmir Cooperative Societies Act, 1960, which Act stands repealed by the Jammu and Kashmir Cooperative Societies Act, 1989 (hereinafter referred to as the Act). It is contended that under the new Act, the Jammu and Kashmir Cooperative Societies Rules, 2001 (here -in -after referred to as the Rules) have been formulated. As per Rule 2(e) of the Rules, a Society may make bye -laws for the following matters: - 2 (e): - the method of recruitment, the conditions of service and the authority competent to fix, revise or regulate the scales of pay and allowance of paid officers and employees of the society and the procedure to be followed in the disposal of disciplinary Cases against them."

(3.) IT is submitted that under the aforesaid rule, the Cooperative Societies/Banks have framed the bye -laws governing the service conditions of their employees and as per the said bye -laws have fixed the age of retirement as 60 years. It is thus submitted that the petitioners in terms of the said condition laid down in the bye -laws are to retire at the age of 60 and not at the age of 58.