RAJASTHAN RAJYA SAHKARI Vs. JUDGE INDUSTRIAL

JUDGEMENT

(1.) BOTH the above cases are disposed of by one single order as they arise out of an award given by the Industrial Tribunal, Rajasthan, Jaipur, dated April 22, 19(sic)0 between the same parties.

(2.) CERTAIN demands were raised by Rajasthan Rajya Sahkari Samitiyan Vyavasthapak Union (hereinafter referred to as 'Vyavsthapak Union'), in respect of betterment and upliftment of the service conditions of Vyasthapaka (managers) employed in village Agricultural Co -operative Credit Societies (hereinafter referred to as the 'PACS'). After failure of conciliation proceedings the State Government referred 11 demands for aojudication to the Industrial Tribunal. Learned Industrial Tribunal gave an award on April 22, 1980 and dealt with all the 11 demands in detail. The Tribunal repelled the objection raised on behalf of the Rajasthan Co -operative Credit Institutions Cadre Authority (hereinafter referred to as the 'Cadre Authority) that the cadre authority was not an industry within the meaning of Section 2(j) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act.'). We would not refer to all the demands raised and decided by the Tribunal as the dispute before us now relates to demand No. 1 only and which has been decided by the Tribunal as point No. 3 This demand No. 1 raised by the Vyavastbapaks Union reads as under: .........[vernacular ommited text]........... Learned Tribunal, while dealing with the above demand decided as under;

(3.) WE would first deal with the writ petition No. 14(sic)6/80 filed by the cadre authority challenging the award, dated April 22, 1980 passed by the Industrial Tribunal. The only contention raised by Mr. Pathak, learned Counsel for the cadre authority, was that the cadre authority was not an industry within the meaning of Section 2(j) of the Act and as such no industrial dispute could have been raised and the award given by the Industrial Tribunal was itself without jurisdiction. In this regard it was submitted by Mr. Pathak that the PACS, Managers, (Selection, Appointment and Service) Rules, 1977 clearly show the PACS managers are required to work in Gram Sewa Sahkari Samitis and their selection, appointment and service conditions are provided in the aforesaid rules of 1977. The cadre authority merely exercises control and authority on the managers of the PACS, the control over these PACS managers as the district level is vested in the Centre Co -operative Banks located in the District. The payment of salary and allowance to the managers of the PACS is made from the managers salary fund maintained at the level of Central Co -operative Banks in the District. The managers salary fund is created by rateable contribution from out of the margin of 2% profit gained by the Gram Sewa Sahkari Samitis by advancing loans to its members out of which 1.50% (now changed to 1% with effect from 1 -7 -79) is contributed towards the said funds. The Central Co -operative Banks at the district level also contributed a part of its profits on loaning towards this fund. The Apex Bank also contributed a part of its profits on loan, towards this fund. The cadre authority is only a controlling, transferring and disciplinary authority of managers of the PACS The cadre authority does no business whatsoever and is not a profit earning institution. It provides no service to anybody. The managers of the PACS work in the societies allotted to them and are paid from out of the funds created from contributions in the manner indicated above. The cadre authority has no capital of its own saving which is raised by rateable contribution from the bodies mentioned above. It is thus submitted that the learned Industrial Tribunal committed a serious error in holding that the cadre authority was an industry.