IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 30TH MAY 2008 / 9TH JYAISHTA 1930 WP(C).No. 16302 of 2008(N) -------------------------------------- PETITIONER: ------------------- K.A.MATHEW, SALES MAN, MANJOOR KSHEERA VYAVASAYA SAHAKARANA SANGHAM LTD., NO.K.29 (D) KURUPANTHARA, MANJOOR P.O, KOTTAYAM. BY ADV. SRI.O.D.SIVADAS RESPONDENTS: ----------------------- 1. MANJOOR KSHEERA VYAVASAYA SAHAKARANA SANGHAM LTD., NO.K.29 (D) KURUPPANTHARA, MANJOOR P.O, KOTTAYAM REPRESENTED BY ITS SECRETARY. 2. THE SECRETARY, MANJOOR KSHEERA VYAVASAYA SAHAKARANA SANGHAM LTD., NO.K.29 (D) KURUPPANTHARA MANJOOR P.O, KOTTAYAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM. R3 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. ------------------------------------------ W.P.(C) No.16302 of 2008 ------------------------------------------ Dated, this the 30th day of May, 2008 JUDGMENT Petitioner admittedly has attained the age of 58 years. No employee shall be eligible to continue in the service of a society after the last day of the month in which he attains the age of 58 years. This is provided under Rule 183(2) of the Kerala Co-operative Societies Rules, which are statutory. The plea of the petitioner is that the approved bye laws contain a provision whereby the employees can retire at the age of 60 years. Such a clause in the bye laws runs against the prescription of Rule 183(2) of the Rules and any authority to make the bye laws to such an effect will result in an anomalous situation, not conceived by the concept of fairness and the requirement of statutory control over the co-operative societies, as held by this Court in Cochin Co-operative Hospitals Society Ltd v. Registrar of Co- operative Societies, 2005 (3) KLT 804. Co-operative Societies are not free to fix different age for retirement of employees. All Societies in the State would follow a uniform age for retirement, ie. 58 years of age (see Sarada v. Deputy Director, 2006 (1) KLT 745). For the aforesaid reasons this writ petition fails and it is accordingly dismissed. THOTTATHIL B.RADHAKRISHNAN JUDGE vns 2