C.W.P. No. 5703 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 5703 of 2009 Decided on : 04-05-2009 Som Nath ....Petitioner VERSUS Registrar Cooperative Societies, Punjab and others. ....Respondents CORAM:-HON'BLE MR. JUSTICE SATISH KUMAR MITTAL. Present:- Mr. Sandeep Arora, Advocate for the petitioner. Mr. Sarjit Singh, Senior Advocate with Mr. Vikas Singh, Advocate for the respondent Nos.2 &3. SATISH KUMAR MITTAL, J (Oral). The petitioner is working in the Nakodar Cooperative Sugar Mills Ltd., Nakodar, Distt. Jalandhar. He is aggrieved against the Resolution dated 10.2.2009 (Annexure P-1), whereby the Punjab State Federation of Cooperative Sugar Mills Ltd. (herein respondent No.2) as approved by respondent No.1- the Registrar Cooperative Societies, Punjab, which has been addressed to all the General Managers of the Cooperative Sugar Mills in State of Punjab reducing the age of already serving employees of Cooperative Sugar Mills from 60 years to 58 years. Admittedly, the petitioner has retired from service on 31.3.2009. It is the case of the petitioner that he should not have been C.W.P. No. 5703 of 2009 -2- retired before the age of 60 years. In similar cases, the respondents on instructions from Sh. Vijay Singh, Commerical Officer of respondent No.2, made the statement that the petitioners shall be permitted to continue in service up to 60 years of age provided they undertake not to claim any financial benefit under common cadre of Federation or any other Statutory Rule/Instructions and not to claim wages for the period they remained out of service till joining. Learned counsel for the respondent Nos.2 & 3, on the basis of instructions from the Commercial Officer of respondent No.2, made the similar offer to the petitioner. Learned counsel for the petitioner on instructions from the petitioner, has accepted the proposal made by the counsel for the respondents. In view of this, this petition is disposed of with the liberty that in case the petitioner files the required undertaking within a period of two weeks, the respective Sugar Mills shall rejoin the petitioner in service and continue him up to the age of 60 years without financial benefit as proposed. Counsel for the respondent Nos.2 & 3 further states that any person situated similarly, if he wants to continue in service up to the age of 60 years on the aforesaid undertaking, can approach to the respective Sugar Mills. Disposed of as such. 4th May, 2009. (SATISH KUMAR MITTAL) Monika JUDGE