wp11124.10 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.11124 OF 2010 Aurangabad District Co-operative Societies Group Secretaries' Association, Laxmi Apartment, Nirala Bazar, Aurangabad, Through its Managing Committee Member Shri Maroti s/o Tanaji Jadhav, R/o-Pal, Tq-Phulambri, Dist-Aurangabad. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through the Secretary for Co-operation Department, Mantralaya, Mumbai, 2) The Commissioner for Co-operation And the Registrar, Co-operative Societies, Maharashtra State, 2nd Floor, New Central Building, Opp. B.J. Medical College Camp, Pune 411 001, 3) Aurangabad Zilla Dekh Rekh Sahakari Sanstha Limited, Aurangabad, Laxmi Apartment, Nirala Bazar, Aurangabad, Through its Secretary, wp11124.10 2 4) District Supervisory Committee, C/o- Office of the District Deputy Registrar, Co-operative Societies and the President of District Supervisory Committee, Shakti Sahakar Building, Opp. Kartiki Hotel, C.B.S. Road, Aurangabad, 5) Aurangabad District Central Co-operative Bank Limited, Adalat Road, Aurangabad, Through its Managing Director. ...RESPONDENTS. ... Shri. V.D. Hon Advocate for Petitioner. Shri. B.V. Wagh, A.G.P. for Respondent Nos. 1 and 2. Shri. Deelip Patil Bankar Advocate for Respondent No.3. Shri. S.S. Thombre Advocate for Respondent No.5. ... CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 24TH FEBRUARY, 2011. PER COURT : 1. Heard learned counsel appearing for the respective parties. wp11124.10 3 2. The Petitioner claim to be Group Secretaries' Association. Shri. Hon, learned counsel appearing for the Petitioner submits that since last six months, some of the secretaries are not getting their salaries. The learned counsel submits that in the light of the order dated 6th December 2010, passed by the Commissioner, Co- operative Societies, under Section 79(1) of the Maharashtra Co-operative Societies Act, 1960 and in view of the order passed by the Division Bench of the Bombay High Court (CORAM: B.H. MARLAPALLE AND U.D. SALVI, JJ.) in Writ Petition No.9525 of 2010 dated 14th December, 2010, the deductions ought to be made accordingly by Respondent No.5 Bank, so that the salaries are disbursed to the secretaries, smoothly. The counsel further submits that since last few months, some of the secretaries are not getting the salaries in time, therefore, they are constrained to approach this Court. wp11124.10 4 3. Consequent to our Order, the contesting Respondents have filed affidavit in reply. On behalf of the State, Respondent Nos. 1, 2 and 4 filed affidavit in reply. The learned A.G.P. has placed on record, the order passed on 6th December, 2010, by the Commissioner, Co-operative Societies, the communication made on 31/12/2010 by the District Deputy Registrar, Co-operative Societies, Aurangabad, addressed to Respondent No.5 - the Managing Director, Aurangabad District Central Co-operative Bank Limited, by directing him to comply with the order dated 6th December 2010, passed under Section 79(1) of the Maharashtra Co-operative Societies Act, 1960. The learned A.G.P. submits that in the light of the orders passed, it is the responsibility of the Respondent No.5 Bank to take steps, so that the salaries of the secretaries are disbursed. 4. Shri. Thombre, learned counsel appearing for Respondent No.5 Bank submits that there is wp11124.10 5 ambiguity in the order dated 6th December, 2010, passed by the Commissioner, Co-operative Societies, Maharashtra State, Pune, more particularly, in respect of interpretation put-up to Clause No. (4) of the order. It is the primary responsibility of the Primary Agricultural Society to deposit necessary amount with the Bank, so that the salaries of the secretaries could be paid. The District Central Co-operative Bank receives funds from the Apex Bank and the Apex Bank receives the funds from NABARD Bank. It would be difficult for the Respondent No.5 Bank, while disbursing amount to Primary Agricultural Societies, to deduct the amount at that stage, to be paid towards the salary of the secretaries. Unless there is recovery made by the Primary Agricultural Society and credited the same to the Bank, it would not be possible for the Bank to deposit the contribution. The counsel further submits that by 31st January 2011, the necessary amount byway of deduction, has been deposited, so that the salaries of the wp11124.10 6 secretaries are paid. Shri. Deelip Patil Bankar, learned counsel appearing for Respondent No.3, on instructions, disputes the statement made by Shri. Thombre, learned counsel, in respect of the payment made. 5. Considering the record placed before us and more precisely, in view of the order passed by the Division Bench of the Bombay High Court, cited supra, we observe that Respondent No.5 - Aurangabad District Central Co-operative Bank, shall strictly follow the order dated 6th December, 2010, passed under Section 79(1) of the Maharashtra Co-operative Societies Act, 1960, by the Commissioner, Co-operative Societies, Maharashtra State, Pune and further communications made by the District Deputy Registrar, Co- operative Societies. The District Level Committees were constituted under the provisions of Section 69-B of the Maharashtra Co-operative Societies Act, 1960 and they have defined status under the wp11124.10 7 provisions of the Maharashtra Co-operative Societies Act, 1960. 6. Shri. Hon, learned counsel appearing for the Petitioners submitted that even the District Level Committee recommended for payment of salaries to the secretaries. 7. We therefore, direct the Respondent No.5 Bank to comply with these directions and orders passed, as expeditiously as possible and in absence of compliance, the Respondent State, Commissioner for Co-operative Societies, would deal with the matter in accordance with law. 8. With these observations, the Writ Petition is disposed of. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/FEB11/wp11124.10