BIKANER SAHAKARI UPBHOKTA WHOLESALE BHANDAR LTD. KARAMCHARI SANGH AND ANR. Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THIS petition for writ is preferred to assail validity, correctness and propriety of the order dated 8.12.2004 passed by the Joint Registrar, Cooperative Societies, Bikaner Division, Bikaner rescinding the resolution N0.5 dated 9.3.1998 (Annex. -11) pertaining to application of the pay -scales to its staff by Bikaner Sahakari Upbhokta Wholesale Bhandar Limited as per the recommendations made by 5th pay commission and also the orders dated 20.12.2004 and 22.12.2004 (Annex. -25 and 26 respectively).

(2.) IN brief, facts of the case are that Bikaner Sahakari Upbhokta Wholesale Bhandar Limited, Bikaner, a Society registered under the Rajasthan Cooperative Societies Act resolved on 9.3.1998 to revise the pay -scales of its employees w.e.f. 1.9.1996 being in profit and also being capable to bear the recurring burden. The resolution aforesaid was considered and approved on 23.3.1998 by the General House of the Society. Accordingly, under an order dated 25.3.1998, the revised pay -scales, in consonance to the Rajasthan Civil Services (Revised Pay -scales) Rules, 1998 (for short 'the Rules of 1998' hereinafter) were made applicable to the employees of the Respondent Cooperative Society.

(3.) IT is submitted by learned Counsel for the Petitioners that the Cooperative Society after considering its financial position reached at a definite conclusion that it can bear liability arising due to extension of revised pay -scales and also being in profit, thus, there was no need to rescind the resolution dated 9.3.1988. It is urged that the power under Sub -section (2) of Section 32 of the Act of 1965 could have been exercised only in the interest of the Society and that was not at all going to be adversely effected on execution of the resolution rescind.