Rajasthan Sahakari Bank Karamchari Sangh vs State of Rajasthan and Others

Dr. Vineet Kothari, J.—The petitioner-Union, Rajasthan Sahakari Bank Karamchari Sangh, District: Jalore, has approached this Court by way of present writ petition seeking a direction to the respondent/Employer (Respondent No. 3- Jalore Central Cooperative Bank Ltd., Jalore) for grant of selection scale to the members of the said Union on completion of 9, 18 and 27 years of service in terms of Notification dated 25.01.1992 issued by the State Government.

Learned counsel for the petitioner submits that though the employees of the respondent No. 3-Bank, who are the members of the petitioner Union, are similarly situated to the State Government employees and it has been so held even by this Court on account of (Annex. 8) Circular issued by the State Government on 03.07.2003, the Cooperative Department of the respondent-State, is not permitting the grant of such selection scale to the members of the petitioner Union. The said order issued by the respondent, Cooperative Department of the respondent State reads as under:-

The said general order issued by the Registrar way back on 03.07.2003 does not specifically decide the issue of grant or non-grant of selection scale to the employees of the respondent No. 3, Jalore Central Cooperative Bank Ltd. and it only stipulates that the Central Cooperative Banks, who are in comparatively better financial condition and the payments of salary and wages to the employees are governed by the mutual agreement between the employees'' Union and the respondent Bank, therefore, such selection grades would not be payable, does not debar the respondent-Bank from considering the demand of the members of the petitioner Union in the light of their profit position and take an independent decision with regard to the same, with approved from the Registrar of the Cooperative Societies, if so required under the provisions of Rajasthan Cooperative Societies Act, 2001. Since the petitioner-Union has not brought this issue before the respondent Employer (Jalore Central Cooperative Bank Ltd.) before approaching this Court by way of present writ petition, the stand and decision of the respondent No. 3-Bank in this regard is not before this Court.

In these circumstances, this writ petition is considered as premature. The petitioner is at liberty to first file suitable representation to the respondent No. 3 employer, namely, Jalore Central Cooperative Bank Ltd. and rely upon all the relevant material available with it and it is expected from the respondent No. 3 to take suitable decision after considering the said representation of the employees or its Union, preferably after giving them an opportunity of hearing and then pass appropriate speaking order. It is only if an adverse order is passed against the employees, who are the members of petitioner-Union, that the Court can be called upon to examine the validity of such reasons or otherwise.

Consequently, this writ petition is disposed of with a liberty and direction to the petitioner to approach the respondent No. 3, Jalore Central Cooperative Bank Ltd. by way of suitable representation and the competent authority of the said Bank, namely, Board of Directors or Managing Director are expected to pass appropriate speaking order on the said issue raised in the present writ petition after giving an opportunity of hearing to the members of the petitioner or the petitioner Union and such decision may be taken expeditiously, preferably within a period of three months from today. No costs. A copy of this order be sent to the concerned parties forthwith.