Bihar Co-operative Bank Employees Union vs The State of Bihar and Others

Chandramauli Kr. Prasad, J.—This application has been filed for quashing the order dated 27.1.2000 whereby the Managing Director of the Naianda Central Co-operative Bank Ltd. has directed to stop he payment of salary in the revised scale of the employees till its verification. It is the stand of the Petitioner that by order dated 4th of November, 1994 the scale of pay of he employees of the Central Co-operative Banks including that of the Bank in which he members of the Petitioner society are working i.e. Nalanda Central Co-operative Bank was revised. Their grievance is that by the impugned order payment in the revised scale of pay has been stopped.

Counter affidavit has been filed on behalf of Respondents 1 to 3 in which the assertion of the Petitioner that the pay scale and the allowance etc. of the Central Co-operative Bank had been revised is not disputed/However, it has been stated that under the said order a five men Committee was constituted to approve the pay fixation of the employees of those Central Cooperative Banks whose management cost does not exceed 2 per cent of the working capital. It has been further averred that in the case of the Nalanda Central Co-operative Bank payment of salary of the employees has been made without prior approval of the Committee or the Registrar.

Mr. Banerjee appearing on behalf of the Petitioner submits that till date no decision has been taken either by the Committee or the Registrar in relation to the entitlement of the members of the Petitioner''s association for payment of salary in the revised scale of pay. J.C. to AAG-I appearing on behalf of the Respondents is also not in a position to state the present position in this regard.

Having heard Mr. Banerjee for the Petitioner, J.C. to AAG-I for the Respondents and taking into consideration the facts and circumstances of the case, deem it expedient that the Committee/Registrar takes final decision in regard to the entitlement of the members of the Petitioner''s association in regard to the revised scale of pay, if already not taken within four months from the date of receipt/production of a copy of this order direct accordingly.

It is made clear that have not expressed any opinion in regard to the merits of the case of the parties.

In case for any reason the Registrar/Committee is not in a position to take the decision within the time stipulated, nothing shall prevent them from seeking extension of time, otherwise their action shall be viewed seriously.

Application stands disposed of with the direction aforesaid.