Court : Karnataka
Reported in : AIR1978Kant148; ILR1978KAR605; 1978(1)KarLJ302
..... (2) the order shall,-- (a) provide for the devolution of the assets and liabilities of the co-operative society or societies amalgamated, divided or reorganised, and the date on which the devolution takes effect; (b) specify,-- (i) the composition, strength, names and the term of office of the members (including the chairman) of the first committee; (ii) who shall be the managing director/secretary, of the new cooperative society or each of the new co-operative societies as the case may be; and (iii) the bye-laws which the new co-operative society or each of the new co-operative societies shall, until amended in accordance with the provisions of the act and the rules, follow. ..... but, when a co-operative society is compulsorily amalgamated, the entire corporate body is disintegrated with cancellation of its registration, deprivation of its property and loss of office by its officers. ..... when such serious civil consequences and losses, pecuniary and otherwise, result from the order of compulsory amalgamation, is it reasonable to assume that the legislature has impliedly intended to deny even the minimal requirement of rules of natural justice! .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC801; (1980)2SCC332; [1980]2SCR1015; 1980(12)LC374(SC)
..... moneys which had been advanced by the jhalawar state bank could be recovered by taking proceedings under the rajasthan public demands recovery act, this court held that the amounts could be recovered by the state of rajasthan after the bank had become vested in it as a public demand under the rajasthan public demands recovery act and that the said act did not offend article 14 of the constitution even though it provided a special facility to the government as a banker for the recovery of the bank's dues for the government could legitimately be put in a separate ..... discriminatory and was, therefore, violative of article 14 of the constitution on the ground that the state government had two remedies available to it in law one by way of a suit for recovery of the mortgage money and another under the act which authorised it to recover the amounts due as if they were arrears of land revenue, that the remedy under the act was more onerous than a suit so far as the respondent was concerned and that there were no guidelines in law as to the circumstances in which the state government could resort to the provisions of the act. .....
Tag this Judgment!Court : Kerala
Reported in : (1987)IILLJ498Ker
..... the authority under the payment of wages act and the district court as the appellate authority found that the dispute relating to unpaid wages is capable of being entertained and decided by authorities under the payment of wages act as also by the registrar under section 69 of the cooperative societies act. ..... section 22 of the payment of wages act provides that:no court shall entertain any suit for the recovery of wages or of any deduction from wages in so far as the sum so claimed-(a) has formed the subject of a direction under section 15 which has been presented by the plaintiff and which is pending before the, authority appointed under that section or of an appeal under section 17: or(b) has formed the subject of a direction under section 15 in favour of the plaintiff; or(c) has been adjudged in any proceeding, under section 15 not to be owed to the plaintiff; or(d) could ..... have been recovered by an application under section 15it is evident, therefore, that no civil court is competent to entertain or decide a claim for recovery of wages which is subject to or could have been recovered under section 15 of the payment of wages act. .....
Tag this Judgment!Court : Kerala
Reported in : [1994]81CompCas490(Ker)
..... the words 'a cooperative society registered or deemed to be registered under the kerala co-operative societies act', though a single category, denotes a genus of which co-operative society is a species. ..... some of the transfers falling within the exemption are these :(a) leases of the lands of tribals granted to public servants like administrator-general/official receiver ; (b) mortgages of the lands by tribals in favour of the government for securing loan from the government ;(c) mortgages of immovable property by tribals in favour of cooperative societies.28. ..... , 'a cooperative society registered or deemed to be registered under the kerala co-operative societies act'. ..... the legislature, aware of this, considered that cooperative societies should be trusted with exemption from the act.29. ..... in order to attract the exemption, the transferee must belong to one or the other of the following categories :(i) a co-operative society registered or deemed to be registered under the kerala co-operative societies act, 1969 ; or (ii) a corporation; or (iii) a nationalised bank ; or (iv) any other financial agency not being a private agency or a money-lender.13. ..... the petitioner seeks exemption from the operation of the act under clause (c) of section 3 of the act which lists the entities to whom the act does not apply and claims the right to enforce the mortgage on the ground that it falls in the exempted category of creditors, viz. ..... 280 of 1976, for recovery of rs. .....
Tag this Judgment!Court : Kerala
Reported in : (1994)ILLJ615Ker
..... according to the petitioner-management, the society is empowered under the provisions of the kerala cooperative societies act to appoint only such number of employees in such categories as is permissible under the rules contained in appendix iii of the kerala co-operative societies rules framed under the said act. ..... labour court, (1986-ii-llj-492) to the effect that the services of an employee appointed against the statutory rules in a cooperative society can be terminated, even without any notice as contemplated under the industrial disputes act. ..... in other words, the compensation will have to bear a direct nexus as to the loss caused to the employee because of the wrongful termination of the employment and consequent inability of the employee concerned to find another alternative gainful employment. ..... (6) any compensation required to be paid by the employer under sub-sections (3) and (4) but not paid by him shall be recoverable as arrears of land revenue under the provisions of the revenue recovery act for the time being in force.' 3. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1998Raj100; 1998(1)WLC725; 1998(1)WLN131
..... the subject of co-operativesocieties is not included in the union list rather it comes in entry 32 of list ii of schedule vii appended to the constitution, and therefore, this argument cannot be allowed to prevail that the provisions of rajasthan act of 1965 dealing with recovery of the loans from its members by the cooperative societies arc violative of the provisions of the union list. ..... it is on the issuance of the notification that the appellant filed writ petition alleging that the amount shown in the notification was not outstanding against it and also that the bank could not recover the amount in accordance with the procedure laid down in the rajasthan cooperative societies act, 1965 as on 24th june, 1993 central act no. ..... it is formed and registered under the rajasthan cooperative societies act of 1965. ..... therefore, the proceedings of recovery were taken under the provisions of the rajasthan co-operative societies act (to be hereinafter referred to as 'the rajasthan act of 1965'). ..... 23 of 1965) which is to the following effect makes the position crystal clear:-- 'an act further to amend the reserve bank of india act, 1934 and the banking companies act, 1949 for the purpose of regulating the banking business of certain co-operative societies and for matters connected therewith.' 12. .....
Tag this Judgment!Court : Allahabad
Reported in : 1998(3)AWC2119
..... ),(d) recovery from pay or security deposit to compensate in whole or in part for any pecuniary loss caused to the co-operative society by the employee's conduct,(e) reduction in rank or grade held substantively by the employee, (f) removal from service, or (g) dismissal from service. ..... in this section, referred to as the committee) for the management of the affairs of the society until the reconstitution of the committee of management in accordance with the provisions of the act. ..... for ready reference, the entire sub-section (5) has to be quoted as under :'(a) where for any reason whatsoever the election of the elected members of the committee of management has not taken place or could not take place before the expiry of the term of elected members, the committee of management shall, notwithstanding anything to the contrary in this act or the rules, or the bye-laws of the society, cease to exist on the expiry of such term. ..... cooperative societies employees' service regulations, 1975 defines 'appointing authority' in regulation 2 (iii) which reads as under :'appointing authority means 'committee of management' or any other authority which is empowered under these regulations or the bye-laws of the society concerned to make appointment.'10. ..... cooperative federation ltd. .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(3)AWC2658; (1999)3UPLBEC2330
..... ) (d) recovery from pay or security deposit to compensate in whole or in part for any pecuniary loss caused to the cooperative society by the employee's conduct, (e) reduction in rank or grade held subs tan lively by the employees, (f) removal from service, or (g) dismissal from service.7. ..... the registrar may- (i) annul any resolution passed by the committee of management, or the general body of any co-operativesociety ; or (ii) cancel any order passed by an officer of a co-operative society : if he is of the opinion that the resolution of the order, as the case may be, is not covered by the objects of the society, or is in contravention of the provisions of this act, the rules or the bye-laws of the society, whereupon every such resolution or order shall become void and inoperative and be deleted from the records of the society.' 8. ..... section 128 of the act has got no application as it applies only if any resolution of a society is either against the object of the act or the resolution is against the provisions of the act, rules or bye-laws. ..... co-operative societies act, 1965 (in brief act) empowered the state government to constitute an authority or authorities. ..... agrawal that against the concurrence given by the board under regulation 87 and consequent dismissal order, the petitioner could have approached the registrar under section 128 of the act does not, therefore, appear to be correct. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(4)ALD351; 2000(3)ALT724
..... in this order, the government directed that a son/daughter or the spouse of the deceased employee of the co-operative society/agricultural development banks who died in harness may be appointed to the category to which he/she is eligible for appointment as per the rules without the medium of employment exchange subject to certain conditions. ..... it is also stated that the 3rd respondent appointed the petitioner contrary to the instructions issued by the 2nd respondent in regard to educational qualifications for the post in category v and the registrar issued a letter dated 11-5-1990 requesting the 3rd respondent to terminate the services of the petitioner in category v and appoint her to a post in category viii to which the petitioner is eligible as the petitioner passed intermediate examination. ..... however, in the case of appointments on compassionate grounds, the cooperative training is to be completed by the candidate at the cost of the bank after such appointment within a period of three years as per the circular eighth cited.'11. ..... , stood abolished as per the amendment act 1 of 1987 with effect from 1-4-1987. ..... co-operative laws (amendment) act, 1987 (act 1 of 1987) long-term co-operative banks and short-terms co-operative banks are sought to be merged by abolition of padbs. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(4)ALD527; 2002(4)ALT352
..... 116-c of the act the society is vested with the power to fix the staffing pattern, qualifications, pay scales and other allowances for its employees with the prior approval of the registrar of cooperative societies.60. ..... bank/district co-operative central banks/primary agricultural cooperative societies and the unions of the employees. ..... level of business and income and with the intent of development and viability of pacs and the need to strengthen the credit structure to benefit the farmers in the state, the government have decided that the matter of fixing up of strength of the establishment, staffing pattern and scales of pay and other allowances of employees should be left to be decided by the primary agricultural co-operative credit societies with the prior approval of the registrar of co-operative societies as laid down under the provisions of section 116-c of the act and the rules made there under.36. ..... general complaints from the elected presidents of pacss to the effect that the paid secretaries were not evincing interest in the upkeep of books of accounts and disbursement and recovery of loans from the farmers who are the members of the society, since they were not totally under the control of the elected committees.57. ..... further stated in the counter-affidavit filed by the secretary to government that out of 4610 pacss in the state only about 1000 to 1500 pacss are either running on profits or on no profit no loss basis. ..... the remaining pacss are completely running in loss .....
Tag this Judgment!