DERAMA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE writ petitions have been filed essentially against the communication of the respondent -Central Cooperative Bank dtd. 19.5.2011, Annex. 1, by the petitioners, who are working as Managers or in other capacities with the Credit Societies with a prayer that the respondents -Credit Societies who are independent and working autonomously had decided to increase their pay scale, but intervening the matter, the respondent -the Barmer Central Cooperative Bank directed that these managers may not be released the payment of such enhanced pay of the employees -petitioners of the respondent -Credit Societies because the Resolutions of these credit societies increasing the pay of Managers was not in accordance with the guidelines and the Circulars issued on 9.5.2011 and 5.5.2011 referred to in the said communication by the Cooperative Department of the State and the NABARD. The said impugned communication of Barmer Central Cooperative Bank dtd. 19.5.2011 is quoted below for ready reference:

(2.) THE learned counsel for the petitioner, Mr. Harish Purohit submitted that in view of amendment in law by enactment of Section 30B in the Rajasthan Cooperative Societies Act, 2001, which is quoted below for ready reference, the respondent -Central Cooperative Bank has no jurisdiction to interfere in such autonomy and independent decision taken by the Credit Societies, which although have not been impleaded as respondents in the writ petition and the respondent -Bank is bound to pay the increased salary in pursuance of said Resolutions of the credit Society and thus impugned order of the Bank being without jurisdiction, the said impugned communication Annex. 1 dtd. 19.5.2011 deserves to be quashed by this Court. Section 30B of the Act of 2001 reads as under:

(3.) HAVING heard the learned counsel for the parties, this Court is of the opinion that the present writ petitions do not call for any interference by this Court under Article 226 of the Constitution of India since several factual matrix involves determination of certain question of facts for which necessary material has not been placed by the parties in the writ petitions. The guidelines of Cooperative Department (State) and NABARD, whether they come into conflict with avowed autonomy given to these credit Societies under Section 30B of the Act of 2001, whether the pay fixation done by the Chairman or by way of Resolution of the Credit Society can be protected by the said autonomy under Section 30B of the Act or not, necessarily depends upon the comprehensive consideration of the several questions of facts touching this aspect of the matter. What is the extent of autonomy and extent of control of Central Cooperative Bank which finances the working of the respondent -Credit Society, is also a mixed questions of facts and law which are required to be decided because the impugned order has been passed by the respondent -Barmer Central Cooperative Bank Ltd. only, but the same is based on the Circulars issued by the State Government and also NABARD.