Lakhbir Singh & Ors. vs Financial Commissioner, Cooperation, Punjab & Ors.

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ii) Issue any suitable writ, order or direction especially in the nature of certiorari for quashing the orders dated 4.7.2019 (Annex.P/13) passed by respondent no.1 as the same have been passed in contravention of the mandate contained in the orders passed by this Hon'ble Court in review Application No.538 of 1999 decided on 28.9.1999 and CWP No.14190 of 2003 decided on 24.9.2008 and order dated 3.12.2007 (Annex.P/6) and 9.8.2011 (Annex.P/9) passed by the respondent no.1 as well as policy dated 25.11.1997 (Annex.P/1) framed by respondent no.2 under rule 45 of the Punjab Cooperative Societies Rules, 1963 and also the orders dated 4.7.2019 (Annex.P/13) are violative of the rights of the petitioners as enshrined under Article 14 and 16 of the Constitution of India as service rules (Annex. P/11) of employees of similarly situated Cooperative House Building Society have already been framed and employees of other cooperative primary Societies have been merged into the Apex Society as well as even the salaries payable to the petitioners have been denied, hence the impugned orders are totally illegal, arbitrary and inconsistent with the settled orders of the courts and being unconstitutional deserve to be quashed.

iii) any suitable writ, order or direction especially in the nature of mandamus for:-

a)

Issue of necessary order or directions issued under the provisions of the Punjab Cooperative Societies Act, 1961 read with the Punjab Cooperative Societies Rules, 1963 and the bye-laws of Housefed and for merger of the member societies into Housefed on the same pattern as has been ordered by the RCS Punjab in the case of merger of member CMS Societies into Markfed vide order dated 24.12.2008 and the merger of Weavco into Markfed vide order dated 26.12.2014 and the merger of Constofed into Markfed vide order dated 30.6.2000 or in the alternative voluntary retirement scheme may be instituted.

b)

For payment of salaries to the employees of the House Building Societies which have not been paid for several years.

c)

For framing of Service Rules governing the conditions of the service of the employees in consonance with the judgment passed by the Hon'ble High Court regarding similarly situated employees in CWP No.19532 of 2013 titled a Pawan Kumar Vs. State of Punjab and others decided on 15.7.2016 and for grant of scales and salaries to the employees of the Society at par with similar designations as that of the employees of Housefed.

d)

For directing the Registrar for issuing necessary directions Under Rule 45 for the beneficial and efficient functioning of the Society and for transfer by way of absorption and deputation of the employees from the Societies which are not financial viable to be done to the other societies and Housefed.

e)

For the issuance of necessary orders and directions for framing a policy for absorption of employees of such member Cooperative House Building Societies into Housefed and other cooperative institutions and for maintaining seniority list of all the employees who may be transferred and absorbed into other cooperative societies as there are a large number of vacancies in Cooperative Apex Institutions, Secondary Societies and Primary Societies and the petitioners being experienced and trained would be an assets to these societies.

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