wp2010.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2010 OF 2009 1) Laxman s/o Masanaji Kudre, Age-65 years, Occu:Pensioner, R/o-Ambulga, Tq-Kandhar, Dist-Nanded, 2) Vishwanath s/o Pandurang Jadhav, Age-68 years, Occu:Pensioner, R/o-Malda, Tq-Kandhar, Dist-Nanded, At present: Patoda, Tq-Jalkot, Dist-Latur, 3) Venkat s/o Sopan Kendre, Age-65 years, Occu:Pensioner, R/o-Omerga(Ko), Post-Hazari Bramhhat, Tq-Kandhar, Dist-Nanded, 4) Pandurang s/o Bhujangrao Ebite, Age-62 years, Occu:Pensioner, R/o-Ambulga, Tq-Kandhar, Dist-Nanded. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through it's Secretary, Co-operative Department, Mantralaya, Mumbai-32, 2) The Secretary, Co-operative Department, Mantralaya, Mumbai32, wp2010.09 2 3) The Chief Executive Officer, District Deputy Registrar, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, Nanded, 4) The Nanded District Central Co-operative Bank Ltd., Nanded, Through its Administrator, Nanded, 5) The Reserve Bank of India, Mumbai. ...RESPONDENTS. ... Smt.M.A. Kulkarni Advocate for Petitioners. Shri.S.K. Kadam, A.G.P. for Respondent Nos. 1 and 2. Shri.G.D. Kale Advocate for Respondent No.3. Shri.A.P. Piratwad Advocate h/f. Shri. K.J. Suryawanshi Advocate for Respondent No.4. Shri.S.V. Adwant Advocate for Respondent No.5. ... WITH WRIT PETITION NO.2022 OF 2009 1) Venkatrao s/o Bhaurao Jadhav, Age-65 years, Occu:Pensioner, R/o-Jakrapur, Post-Gonar, Tq-Kandhar, Dist-Nanded, 2) Nagarao s/o Govindrao Ladekar, Age-65 years, Occu:Pensioner, R/o-Dhodaj, Tq-Kandhar, Dist-Nanded, 3) Pundlik s/o Arjun Zoting, Age-65 years, Occu:Pensioner, R/o-Pethwadaj, Tq-Kandhar, Dist-Nanded, wp2010.09 3 4) Taterao s/o Narsingrao Jadhav, Age-65 years, Occu:Pensioner, R/o-Jakrapur, Post-Gonar, Tq-Kandhar, Dist-Nanded. 5) Afral s/o Babansab Lakhere, Age-64 years, Occu:Pensioner, R/o-Bahadurpura, Tq-Kandhar, Dist-Nanded. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through it's Secretary, Co-operative Department, Mantralaya, Mumbai-32, 2) The Secretary, Co-operative Department, Mantralaya, Mumbai32, 3) The Chief Executive Officer, District Deputy Registrar, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, Nanded, 4) The Nanded District Central Co-operative Bank Ltd., Nanded, Through its Administrator, Nanded, 5) The Reserve Bank of India, Mumbai. ...RESPONDENTS. wp2010.09 4 ... Smt.M.A. Kulkarni Advocate for Petitioners. Shri.S.K. Kadam, A.G.P. for Respondent Nos. 1 and 2. Shri.G.D. Kale Advocate for Respondent No.3. Shri.A.P. Piratwad Advocate h/f. Shri. K.J. Suryawanshi Advocate for Respondent No.4. Shri.S.V. Adwant Advocate for Respondent No.5. ... WITH WRIT PETITION NO.7858 OF 2009 1) Lalu s/o Iranna Kappawar, Age-59 years, Occu:Pensioner, R/o-Talegaon, Tq-Umari, Dist-Nanded, 2) Sheshrao s/o Gangaram Pande, Age-62 years, Occu:Pensioner, R/o-Ijjatgaon, Post-Manur, Tq-Umari, Dist-Nanded, 3) Digambar s/o Narising Bijjamwar, Age-60 years, Occu:Pensioner, R/o-Goratha, Ta-Umari, Dist-Nanded. ...PETITIONERS. VERSUS 1) The State of Maharashtra, Through it's Secretary, Co-operative Department, Mantralaya, Mumbai-32, 2) The Secretary, Co-operative Department, Mantralaya, Mumbai32, wp2010.09 5 3) The Chief Executive Officer,/ District Deputy Registrar, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, Nanded, 4) The Nanded District Central Co-operative Bank Ltd., Nanded, Through its Administrator, Nanded, 5) The Reserve Bank of India, Mumbai. ...RESPONDENTS. ... Smt.M.A. Kulkarni Advocate for Petitioners. Shri.S.K. Kadam, A.G.P. for Respondent Nos. 1 and 2. Shri.G.D. Kale Advocate for Respondent No.3. Shri.A.P. Piratwad Advocate h/f. Shri. K.J. Suryawanshi Advocate for Respondent No.4. Shri.S.V. Adwant Advocate for Respondent No.5. ... WITH WRIT PETITION NO.5086 OF 2010 Shaikh Osman Nanhesab, Age-62 years, Occu:Retired, R/o-Azad Colony, Degloor, Tq-Degloor, Dist-Nanded. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through it's Secretary, Co-operative Department, Mantralaya, Mumbai-32, wp2010.09 6 2) The Secretary, Co-operative Department, Mantralaya, Mumbai32, 3) The Chief Executive Officer/ District Deputy Registrar, Nanded Zilla Dekhrekh Sahakari Sanstha Maryadit, Nanded, 4) The Nanded District Central Co-operative Bank Ltd., Nanded, Through its Administrator, Nanded, 5) The Reserve Bank of India, Mumbai. ...RESPONDENTS. ... Smt.M.A. Kulkarni Advocate for Petitioner. Shri.S.K. Kadam, A.G.P. for Respondent Nos. 1 and 2. Shri.G.D. Kale Advocate for Respondent No.3. Shri.A.P. Piratwad Advocate h/f. Shri. K.J. Suryawanshi Advocate for Respondent No.4. Shri.A.R. Joshi Advocate for Respondent No.5. ... CORAM: NARESH H. PATIL AND T.V. NALAWADE, JJ. DATE : 16TH AUGUST, 2011. PER COURT : 1. Heard learned counsel appearing for the wp2010.09 7 respective parties. Leave to add the Commissioner, Co-operative Societies, Maharashtra State, Pune as party Respondent, is granted. 2. The Petitioners claim to be retired employees of Respondent No.3. They claim gratuity amount and leave salary dues. The Petitioners further seek directions to relax the restrictions imposed by virtue of provisions of Section 35(A) of the Banking Regulations Act, 1949. The Respondent Nos. 3 and 4 have filed affidavit in reply. The State has preferred not to file any affidavit in reply so far, though the Petitions are pending admission hearing since the year 2009. 3. We have heard submissions of the learned counsel appearing for the respective Respondents. We find that the disputed questions are raised in the proceedings of these Writ Petitions. We have perused the order passed by the Commissioner, Co- operative Societies, in respect of payment of wp2010.09 8 salary to the employees of Dekhrekh Sangh in the State of Maharashtra, as well as the order passed by the Division Bench of High Court (CORAM:B.H. MARLAPALLE AND U.D. SALVI, JJ.) in Writ Petition No.9525 of 2010 on 14th December, 2010. We have also perused the order passed by the Division Bench of the High Court, Bench at Aurangabad (CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ.) in Writ Petition No.11124 of 2010 on 24th February, 2011. 4. The Respondent Nos. 3 and 4 are raising dispute on the issue as to who is entitled to pay and the responsibility in respect of contribution from the primary societies. During the course of hearing, it was submitted that under the order passed by the Commissioner, Co-operative Societies, the District Deputy Registrar is enquiring into the matter in respect of contribution from the primary agricultural societies. Learned counsel Shri. Adwant submits wp2010.09 9 that the issue in respect of provisions of Section 35(A) of the Banking Regulations Act, 1949 is not relevant in respect of the monetary claim raised by the Petitioners herein. 5. In the light of the facts of the case and the stand adopted by the contesting parties, we are of the view that the Commissioner, Co- operative Societies shall look into the matter and issue appropriate instructions after hearing the concerned parties. 6. We, therefore, direct the Commissioner, Co-operative Societies, Maharashtra State, Pune, to call for necessary report from District Deputy Registrar, Nanded in respect of the claim of the Petitioners towards the gratuity and leave salary amount due from Respondent No.3. The Petitioners are also entitled to file comprehensive representation to the Commissioner, Co-operative wp2010.09 10 Societies, Maharashtra State, Pune, within two weeks from today. With these directions, the Writ Petitions are disposed of. We do not express any opinion on the merits of the claim of the Petitioners. [T.V. NALAWADE, J.] [NARESH H. PATIL, J.] asb/AUG11