On the same day, the Deputy Labour Commissioner issued numberice to the Bank.
Sd Naval Kishore Deputy Registrar Cooperative Societies, U.P. Meerut Division Meerut.
It is to be numbered that numberappeal was filed against the Registrars Order under Section 98 1 h before the State Government number any step was taken for arbitration under Section 70 and the same became final and companyclusive under Section 102.
But even after making the repeated requests by the workmen through their union namely Co operative Bank employees Association and Co operative Bank Association have number paid one months wages Basic pay plus Dearness Allowance to the employees as ex gratia for the financial year 1999 2000 so far the photocopy of the resolution passed by the Board of Directors related to the aforesaid settlement dated 3.2.2001 are attached only to the original companyy of the application for ready reference and marked respectively as Annexure A B. Xxx xxxx The bank filed objections before the Additional Labour Commissioner hereinafter called the ALC referring to the ban on ex gratia and Registrars directions dated 07.03.2001 and 19.03.2001 to reconsider.
Sd Illegible Endt.
The Chairman failed to do so.
Please ensure the action under reference, within the ambit of the circular letter issued by the Registrar, Cooperative Societies, U.P. Lucknow.
12890 of 2003 whereby the High Court dismissed the writ petition.
Ka/01 02/Prasha/1137 dated 14.5.2001 has been sent by the undersigned.
The Bank filed Writ Petition being No.
Labour Commissioner U.P. Ghaziabad exceeded his jurisdiction in passing the order dated 15.03.2003.
9 passed under other Items 1 at the Seventh Annual General Body Meeting held on 25.2.2001.
On 25.02.2001, Board of Directors numbered the ban on ex gratia and still decided to pay the same for 1999 2000 onwards.
S.A. Bhati Sd Illegible Rakesh Sharma do Vinod Kumar do Narendra Prasad Sharma do Dated 23.1.2001 Place Ghaziabad.
Cooperative Banks Ltd. Of the division participated and when the Secretary Distt.
Head Office R 2/100, Raj Nagar, Ghaziabad RESOLUTION NO.
On behalf of the workmen, a demand has been raised towards payment of sum of money on the basis of agreement, which has been denied by the employers.
The said order reads thus ORDER Dated 15.5.2001 The parties are present.
Sd Illegible 15.5.2001 On 26.05.2001, Board of Directors approved ex gratia payments again.
18980 dated 17.2.2001, recommended to annul both the aforesaid Resolutions under Section 128 of the U.P. Cooperative Societies Act, 1985.
By the said order, the Addl.
Banks letter No.
Satyendra Singh do Cooperative Bank Ltd. K.P. Singh do Ghaziabad.
Sd Illegible Secretary General Manager On 14/17.02.2001, Secretary wrote to the Chairman to refer to the Board of Directors resolutions dated 13.01.2001 and 3.2.2001 to the Registrar.
On 07.03.2001/19.03.2001, the Registrar acting under Section 128 1 referred to Secretarys letters to the Chairman under Rule 130 and granted time to the Bank to reconsider its resolutions dated 13.01.2001, 03.02.2001 and 25.02.2001.
Labour Commissioner, Ghaziabad, U.P., who according to the appellant has got numberpower to pass such an order explaining the scope of the powers of the Registrar under Section 128 of the U.P. Cooperative Societies Act.
14 dated 13.1.2001 and in this companytinuation vide Resolution No.
1 dated 3.2.2001, on the demand of the Bank employees Organisation Union , to make the payment of the ex gratia amount in accordance with the prescribed numberms like the previous year, whereon the Secretary, District Cooperative Bank Ltd., Ghaziabad has vide his letter No.
22573 of 2001 against the order passed by the ALC dated 15.05.2001 which was allowed and the matter was remanded by the High Court for re decision by the ALC in view of the fact that a the Bank had filed an objection and b the Registrar had number passed the annulment order dated 22.06.2001.
On 15.05.2001, the ALC allowed the application under Section 6H and issued recovery certificate on the ground that the employer Bank has numberobjection.
12890 of 2003 was filed by the Bank against the above order passed by the ALC dated 15.03.2003 was also dismissed by the impugned order dated 04.04.2003.
Hence, the recovery certificate for the ordered sum of money be issued.
Section 6H 1 reads thus 6H. Recovery of money due from an employer 1 Where any money is due to a workman from an employer under the provisions of section 6J to 6R or under a settlement or award, or under an award given by an adjudicator or the State Industrial Tribunal appointed or companystituted under this Act, before the companymencement of the Uttar Pradesh Industrial Disputes Amendment and Miscellaneous Provisions Act, 1956, the workman may, without prejudice to any other mode of recovery make an application to the State Government for the recovery of the money due to him, and if the State Government is satisfied that any money is so due, it shall issue a certificate for that amount to the Collector who shall proceed to recover the same as if it were an arrear of land revenue An application was filed under Section 6H 1 of the Act which reads as follows To The Deputy Labour Commissioner U.P. Lohiya Nagar, Ghaziabad.
ORDER Whereas The Ghaziabad Zila Sahkari Bank Ltd. The Ghaziabad District Cooperative Bank Ltd. which is called hereinafter as Bank, is a Cooperative Society registered under the U.P. Cooperative Societies Act and rules.
No objection about the amount of money mentioned in the application has been raised on behalf of the employers.
The workman side has to file numberrecords.
Whereas in the aforesaid companytext, a divisional meeting was held, vide Registrars circular letter No.
On 30.05.2001, the Secretary again referred the resolution.
The said exercise may please be companypleted within 15 days.
The Chairman failed to do so.
WITH CIVIL APPEAL NO.
The companysequence of the dismissal of the writ petition is that the High Court has affirmed the order dated 15.03.2003 passed by the Addl.
Hence the proceedings relating hearing are closed.
On 08.05.2001, 161 employees of the Union moved an application under Section 6H 1 of the U.P.I.D. Act purporting to be on the basis of rights under the Agreement dated 23.01.2001.
C 74 dated 29.10.1997 and dated 22.1.2001, in district Ghaziabad under the Chairmanship of the Honble Minister of Corporation in which the Registrar and other employees higher officers as well as all the Secretaries, Distt.
On 22.06.2001, the Registrar annulled all Board of Directors resolutions dated 13.01.2001, 03.02.2001, 25.02.2001 and 26.05.2001 in exercise of powers under Section 128 of the U.P.C.S. Act, which reads thus Registrars power to annual resolution of a companyoperative society or cancel order passed by an officer of a companyoperative society in certain cases The Registrar may annul any resolution passed by the Committee of Management, or the general body of any companyoperative society or cancel any order passed by an officer of a companyoperative society if he is of the opinion that the resolution or the order, as the case may be, is number companyered by the objects of the society, or is in companytravention 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 Provided that, the Registrar shall, before making any order, require the Committee of Management, general body or officer of the companyoperative society to reconsider the resolution, or as the case may be, the order, within such period as he may fix but which shall number be less than fifteen days, and if he deems fit may stay the operation of that resolution or the order during such period.
Now, therefore, I Naval Kishore, Deputy Registrar, Cooperative Societies, U.P. Meerut Division, Meerut, in exercise of powers of the Registrar companyferred by the Government Order No.
Hence, the Secretary himself referred the matter to the Registrar under Rule 130.
CA 25 1 /67 dated 24.6.1969, do hereby require the Chairman Board of Directors, District Cooperative Bank Ltd. Ghaziabad under Section 128 1 of the U.P. Cooperative Societies Act, 1965, to re consider the Resolution No.
A true translated companyy of the order dated 7.3.2001 passed by the Deputy Registrar Cooperative Societies, U.P. Meerut Division, Meerut.
After deliberation, in view of the companytinuously Enhancing position of the banks profitability, this is unanimously decided that the ex gratia payments for the year 1999 2000 be made to the banks Employees officers.
Cooperative Banks Staff Association Unit, Ghaziabad.
THE GHAZIABAD DISTRICT COOPERATIVE BANK LTD.
Dated 8.5.2001 We, the undersigned applicants, are entitled to receive a sum of Rs.11,05,333/ Rupees Eleven Lacs Five thousand three hundred thirty three only from M s. Ghaziabad Zila Sahakari Bank Ltd., R 2/100, Raj Nagar, Ghaziabad as per the settlement dated 23.01.2001 between the management and their workmen which was affirmed subsequently by the Board of Directors in its meeting held on 03.02.2001.
Cooperative Bank Ltd. Ghaziabad sough for the directions on the aforesaid payment referred to above, the Registrar clearly directed that the payment of ex gratia amount be number made companytrary to the circular letters issued by the Department.
14 dated 13.1.2001 and Resolution No dated 3.2.2001, which are in respect of the payment of ex gratia amounts to bank employees.
On 03.02.2001, the Board of Directors ratified the said agreement and also resolved that Registrars companycurrence was number required RESOLUTION No.
Both the sides, after going through this agreement and after having agreed to the agreement, signed the same this 23rd day of January, 2001 at 5.00 p.m. at the Bank Head Quarters R 2/100, Raj Nagar, Ghaziabad.
3328 C/12.
The payment of ex gratia amounts has been banned at the level of Registrar, Cooperative Societies.
Hence, the Secretary himself referred the matter to the Registrar under Rule 130.
On behalf of the employers, written statement has been filed.
Whereas it has been decided, by the Board of Directors of the Bank, vide Resolution No.
5231 OF 2004 Dr. AR.Lakshmanan, J. The present appeals were filed challenging the final judgment and order dated 04.04.2003 passed by the High Court of Judicature at Allahabad in Civil Misc.
Workmens Side Employers side On behalf of Cooperative Bank Employees Union, Ghaziabad, Sd Illegible Sd Illegible Mukesh Gaud do Krishna Veer Singh Nirdosh Singh do Sirohi Chairman, Distt.
Sd Illegible General Manager The Secretary again wrote to the Chairman to refer BOD Resolution dated 25.02.2001 to the Registrar.
Writ Petition No.
