DAIRY KARAMCHARI UNION Vs. STATE

JUDGEMENT

(1.) In all the writ petitions, substantially the relief of the Petitioners is for claim of their age of superannuation at the age of 60 years and not at the age of 58 years. In some of writ petitions, some facts are disputed and there are allegations of suppression of facts by the Petitioners and objection of non-maintainability of the writ petitions of some Petitioners due to lack of territorial jurisdiction of Principal Seat of the Rajasthan High Court and objection of misjoinder of parties, therefore, only relevant facts for above purpose are narrated herein below. However, all the contentions have been considered together in the judgment and for convenience, the documents which have been referred from the files, have been referred for deciding all the writ petitions. The learned Counsel for the parties agreed that the writ petitions may be decided by treating the reply of the RCDF to be in all the writ petitions as well as reply of other Respondents may also be considered together.

(2.) This writ petition is by writ petitions, who are employees of Paschimi Rajasthan Dugadh Utpadfak Sahakari Sang Limited, Jodhpur and in the original writ petition, they have challenged resolution dated 30.6.2009 (Annex.16) which is the resolution of the annual general meeting of the said Respondent-employer society wherein a resolution was carried that age of superannuation of the employees may be kept 58 years, after noticing the fact that the Managing Director of the RCDF has already increased the age of superannuation from 58 years to 60 years. In this petition, the Petitioners' further contention is that the decision of the Respondent is in contravention of the tripartite agreement (Annex.3) and for other reasons, taking a decision about the age of superannuation of the employees of the Respondent-society, is illegal and the order of the State Government (Registrar) dated 17.9.2008 is binding on Respondent-RCDF and the employer-society. Further it has been prayed that if the circular dated 17.9.2008 gives power to Respondent No. 3 (cooperative society) to decide on the question of age of retirement, then the same be quashed and set aside.

(3.) The Petitioner also submitted an application for amendment of the writ petition. By this application, the Petitioners want to implead (1) Principal Secretary, Co- operative Department, Govt. of Rajasthan, Jaipur, (2) Principal Secretary, Animal Hunsbandry, Govt. of Rajasthan, Jaipur, (3) Deputy Secretary, Animal Husbandry, Govt. of Rajasthan, Jaipur and Shri Ramchander Choudhary, Chairman, Ajmer Dugadh Utpadhak Sahkari Sang, Ajmer as party. The Petitioners further want to take several new grounds in the writ petition. This application was opposed by Respondent No. 3-society. However, remaining said application pending, the parties argued the petition on merit in detail on the ground which are common in all the writ petitions. In this petition, there is no objection about the territorial jurisdiction and the writ petition has been filed by all the Petitioners who are members of the Respondent No. 3-Cooperative society, which is situated within the territorial jurisdiction of this Court.