IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.35701/2018 (CS – RES) BETWEEN:
ROYTS AGRICULTURE PRODUCERS CO-OPERATIVE MARKETING PRODUCERS SOCIETY LTD, MANDYA, MANDYA DISTRICT-571401 REP BY ITS MANAGING DIRECTOR ... PETITIONER [BY SRI SANDESH T.B., ADV.] AND:
1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES MANDYA DISTRICT-571401 2. PUTTASWAMY S/O PUTTA HEGDE 3RD CROSS, HOUSE NO.770, GUTTAL ROAD, MANDYA DISTRICT-571401 3. KRISHNA NAIK S/O RAMANNA NAIK SINCE DEAD BY HIS LRS A. SONABAI C/O KRISHNA NAIK B. BALARAJU S/O KRISHNA NAIK C. MOHAN KUMAR S/O KRISHNA NAIK ALL ARE R/AT BEHIND JAYALAKSHMI SAWMILL, 2ND CROSS, MARUTHI NAGAR, GUTTAL ROAD, MANDYA DISTRICT-571401 4. CHOWDA SHETTY S/O VEERA SHETTY RICE MILL DRIVER, THERU BEEDI ARAKESHWARA NAGAR, HOUSE NO.414, GUTTAL ROAD, MANDYA-571401 5. KARIYAPPA S/O LINGE GOWDA SINCE DEAD HIS LRS A. PUTTAHONNAMMA C/O LATE KARIYAPPA B. SHANKARA LINGE GOWDA S/O KARIYAPPA C. MAHESH G.K., S/O LATE KARIYAPPA D. KALPANA G.K., D/O LATE KARIYAPPA E. RADHAKRISHNA S/O LATE KARIYAPPA ALL ARE R/AT NO.1059, 1ST CROSS, SHIVANANJAPPA LAYOUT NEHARU NAGAR, MANDYA DISTRICT-571401 6. B.K.MADEGOWDA S/O MOLLEGOWDANA KUNDUREGOWDA AGED ABOUT 69 YEARS, NO.1481 NEXT TO SURAKSHA NURSING HOME NEHARU NAGAR, HALAHALLI ROAD, MANDYA DISTRICT-571401 7. RAMANNA WATCH MAN AGED ABOUT 66 YEARS, NO.1187, 3RD CROSS, CHIKKEGOWDANA DODDI MANDYA DISTRICT-571401 8. CHENNEGOWDA S/O CHOWDEGOWDA AGED ABOUT 65 YEARS SINCE DEAD HIS LRS A. CHENNAMMA C/O LATE CHENNEGOWDA B. C.KIRAN KUMAR S/O LATE CHENNEGOWDA C. MAHESH S/O LATE CHENNEGOWDA D. RAGAVENDRA S/O LATE CHENNEGOWDA ALL ARE R/AT INDUVALU VILLAGE KOTTATTI HOBLI MANDYA DISTRICT-571401 9. DEVEGOWDA S/O JAVAREGOWDDA AGED ABOUT 66 YEARS, GUTTAL COLONY, JAYABHARATH CONVENT V.V. LAYOUT, MANDYA DISTRICT-571401 10. VENKOBHA RAO S/O VENKOJI RAO AGED ABOUT 75 YEARS, 3RD CROSS, INDIRA COLONY MANDYA DISTRICT-571401 11. PUTTEGOWDA S/O BHUDI SHETTY AGED ABOUT 70 YEARS, BEHIND JAYALAKSHMI TAKIES 5TH CROSS, MANDYA-571401 12. M.C.DEVAPUTHRA SINCE DEAD BY LRS A. D.DEVANAND S/O M.C.DEVAPUTHRA B. D.SATHYA SEEMA S/O M.C.DEVAPUTHRA C. ROSALIAN SOUMYA S/O M.C.DEVAPUTHRA ALL ARE R/AT NO.1696, K.R. ROAD, CHRISTIAN COLONY MANDYA DISTRICT-571401 13. ROBERT S/O S.A.THAMAS AGED ABOUT 70 YEARS, DRIVER, NO.209, 7TH CROSS, 4TH MAIN ROAD, BANNIMANTAP C LAYOUT HANUMANTH NAGAR MYSURU DISTRICT-571401 14. KEMPAIAH S/O HANUMEGOWDA AGED ABOUT 65 YEARS, VETERINARY FOOD OPERATOR CHIKKEGOWDAN DODDI 7TH CROSS, MANYDA DISTRICT-571401 15. C.SIDDAIAH S/O MOTOALINGEGOWDA SIDDEGOWDA AGED ABOUT 68 YEARS, KELARA GRAMA, KERGODU HOBLI MANDYA TALUK & DISTRICT-571401 16. P.JOSHI S/O P.L.PAPACHAND AGED ABOUT 65 YEARS, 12A, 2ND FLOOR, OPPOSITE DIGIMATICH TECHNOLOGY NEAR ARKERE, MYCO LAYOUT BANNERUGATTA ROAD, BENGALURU-560072 17. BRAHMACHARI SINCE DEAD BY LRS A. JAYAMMA C/O LATE BRAHMACHARI B. PRAVEEN KUMAR J.B., S/O LATE BRAHMACHARI C. NATESH J.B., S/O LATE BRAHMACHARI D. PRADEEP KUMAR J.B., S/O LATE BRAHMACHARI ALL ARE R/AT 1ST CROSS SAHWKAR CHANNAYYA LAYOUT GUTTAL ROAD, MANDYA DISTRICT-571 401 18. DEVALINGAIAH S/O SHIVALINGAIAH AGED ABOUT 67 YEARS, TERUBEEDHI, GUTTAL MANDYA DISTRICT-571401 …RESPONDENTS [BY SMT.VAHEEDA, HCGP FOR R-1.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 31.12.2012 IN DISPUTE NO.D.R.Y.2/2008-09 PASSED BY 1ST RESPONDENT, VIDE ANNEXURE-D AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned High Court Government Pleader is permitted to accept notice on behalf of the respondent No.1.
2. The petitioner has assailed the order dated 31.12.2012 passed by the respondent No.1 in Dispute No.DRY/2/2008-09 at Annexure-C to the writ petition as well as the order dated 28.02.2018 in Appeal No.101/2014 passed by the Karnataka Appellate Tribunal [KAT] at Bengaluru vide Annexure-E to the writ petition.
3. The petitioner is a Co-operative Society registered under the Provisions of the Karnataka Co- operative Societies Act, 1959 ['Act' for short]. It transpires that the respondent Nos.2 to 18 herein raised their demands to increase the salary and other benefits and the same not being considered, a dispute was raised before the first respondent, seeking grant of pay scales as per the resolution passed by the petitioner- society as on 20.10.1987. The petitioner-society contested the matter. After hearing the parties, the respondent No.1 allowed the dispute directing the petitioner to act in terms of Rule 17 of the Karnataka Co-operative Societies Rules, 1960 ['Rules' for short] and to fix the revised pay scales of the respondents from 01.11.1987 till the date of their retirement. The said order was challenged by the petitioner before the KAT, Bengaluru in Appeal No.101/2014 which has been dismissed confirming the order passed by the respondent No.1. Hence, this writ petition.
4. The sole ground urged by the learned counsel for the petitioner that the affidavit filed by the petitioner before the KAT has not been properly appreciated while dismissing the appeal could not be countenanced for the reason that the resolution dated 20.10.1987 being binding on the petitioner, it was incumbent on the petitioner to send the proposal for approval of re-fixation of pay scales as per the said resolution read with Rule 17 of the Rules to the Government. No such action being initiated, the petitioner cannot eschew with the liability of re-fixation/revision of pay scale.
5. The reason of the KAT on this point that merely the respondents attaining the superannuation and retiring from their jobs during the pendency of the dispute or subsequent to it, would not take away their rights to claim revised pay scale and other allowances till the date of their retirement from 01.11.1987 as per resolution dated 20.10.1987 cannot be found fault with. No grounds are made out by the petitioner to interfere with the order impugned.
Hence, the Writ petition stands dismissed.
Sd/- JUDGE NC.