PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The petitioners are the employees of units of Rajasthan State Cooperative Spinning and Ginning Mills Federation Ltd. (for short 'the federation'). Earlier there were four cooperative societies namely, Rajasthan Cooperative Spinning Mills Ltd., Gulabpura ; Gangapur Cooperative Spinning Mills Ltd., Gangapur ; Ganganagar Sahakari Spinning Mills Ltd., Hanumangarh and Gulabpura Cooperative Ginning Pressing Society Ltd., Gulabpura. These units merged in one society by constituting Rajasthan State Cooperative Spinning and Ginning Mills Federation Ltd. The age of superannuation of the employees of the federation was 58 years. Then a decision was taken by the State Government under Rule 39(4) of the Rajasthan Cooperative Societies Rules, 2003 on 17.9.2008 that the age of superannuation of the employee be increased upon fulfilling the conditions for the societies in which there is capital of the State in the society or some fund has been given to the society by the State. The Board of Directors, keeping in mind the interest of the society, may take a decision to increase the age of superannuation from 58 to 60 years. The procedure has been prescribed by the said order dated 17.9.2008 which provides that the societies which are not earning loss in last 3 years and they are earning net profits in last 3 years and in those societies, the strength of the employees is not more than the sanctioned strength of the employees, then the Board of Directors may take a decision to increase the age of superannuation referred above. Not only that, but it has been provided that even if the society is not running in profits in last 3 years or in a society where the strength of the employees is more than sanctioned strength, then also the society may take a decision in the interest of the society to increase the age of superannuation from 58 to 60 years. It is provided that if any decision is taken to increase the age of superannuation, then the resolution will be sent to the Registrar, Rajasthan Cooperative Societies, Jaipur. By subsequent order dated 22.9.2008, further procedure was provided that what information will be given to Registrar and how the proposal will be considered by the Registrar and while considering the proposal of the society, what factors will be considered. The factors which are to be considered by the Registrar are that the authorised officer will assess the future profits of the society taking into account the business of the society. If there is accumulated loss, then in how many years that can be wiped out if there are more employees working against the sanctioned strength, then whether their contribution is useful or not. After considering these factors, the Registrar was supposed to take a decision and approve or reject the proposal of increase in the age of superannuation of the employees.

(3.) The petitioner's case is that a resolution (Annex.4) was taken by the Federation clearly stating therein that out of last 3 years, for 2 years, the Federation is running in profit. The sanctioned strength of the employees is 389 which has been modified to 269 and existing employees are 245. Out of 245 employees, 70 have been sent on deputation. The Federation observed that the strength of staff is less and there is no possibility of fresh appointments as there is ban imposed by the State Government against the new appointments and for taking in employment on contract basis, the State Government's prior approval is needed which takes too much time. After considering the relevant facts, the Federation decided to resolve for increase of the age of superannuation of its employees from 58 to 60 years. The said resolution was sent for approval of the Registrar and vide communication dated 23.10.2008, the proposal was rejected by the office of the Registrar, Cooperative Societies.