Single judge allowed writ petitions filed by daily wage workers in Co-operative Sugar Factories. Court held they entitled to retire at 62 instead of 60. Ruled based on Rule 28(6) of AP Co-operative Societies Rules and AP Public Employment Act.
Petitioners allowed to retire on attaining age of 62 years; continued in service till then.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION Nos. 9311, 8190, 18530, 23023, 27696, 16694, 16695, 18209, 18528, 23402 and 27644 of 2022
COMMON ORDER :
These Writ Petitions are filed under Article 226 of the Constitution of India, to issue a Writ of mandamus by declaring that the petitioners are entitled to retire on their attaining the age of 62 years and further to direct the respondents to continue them in to service till they attains the age of 62 years in G.O.Ms.No.15 Finance (HR.IV.FR & LR) Department, dated 31.01.2022 and pass such other orders.
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service of the petitioners stands classified as Last Grade Service and as per Bye-law framed by the Co-operative Sugar Factory, the workmen shall retire on attaining the age of 60 years. The Cooperative Sugar Factory has been following the same in accordance with the amendments incorporated by the State Government and as per latest amendment brought by the State to Section 3 thereof vide G.O.Ms.No.15, dated 31.01.2022, the age of superannuation in the State Government Employees is fixed at 62 years. The 1st respondent issued Memo No. 8976/Estt/A1/17, dated 23.07.2018, directed the 2nd respondent i.e Director of Sugars and Cane Commissioner to enhance the age of Superannuation of the employees of the Co-operative Sugar Factory from 58 to 60 corresponding to the enhancement of the age of superannuation of the State Government Employees from 58 to 60 years and the same is effected to all employees working in the Co-operative Sugar Factory vide proceedings dated 20.04.2016 and extended to 60 years and in fact the said employees include the categories of NMR/ Daily wage employees like petitioners.
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Government issued G.O.Ms.No.15, dated 31.01.2022 extended the age from 60 to 62 years, it applies all employees working under the control of Government of Andhra Pradesh. Therefore the Cooperative Sugar Factory employees and workers union made representation to the Director of Sugar and Cane Commissioner of the Co-operative Sugar Factory requesting to extend the benefit of superannuation of the age of 62 years, but in vain. Hence the present writ petitions came to be filed.
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(Amendment) Act, 2014. Subsequently G.O.Ms.No.102, dated 27.06.2017 has extended the benefit of enhancement of age of superannuation from 58 to 60 years to the employees working in the institutions included in the IX and X Schedules of A.P.Reorgnization Act, 2014 i.e the State Government undertakings, Corporations and Societies etc., with the following conditions:
“i) The specific decision to enhance the superannuation age from 58 to 60 years to their employees shall be taken by the Board of Directors/ Managing Committees of these legal entites.
ii) While doing so, these Institutions shall take into consideration their financial position and genuineness of their need to enhance the age of superannuation”.
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and genuineness of their need to enhance the age of Superannuation.
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Registration No.B1109, Govada, 531023. The relevant bye-laws are extracted as hereunder :
Byelaw No. 19. Composition of Board of Directors:
Subject to such resolutions as the General Body may from time to time pass the executive management of the affairs of the Society shall vest in a Board which shall consist of 23 Directors as follows:
i) 2 Directors from Scheduled Castes.
ii) One Director from Scheduled Tribe. iii) 2 Directors from Backward Classes.
iv) 9 Directors open to all. Out of the nine seats kept open to all two sheets shall be reserved, one for election of a small farmer and the other for the election of a non-supply member in respect of constituencies having the largest number of small farmers and non-supply members respectively.
v) One Director from Non-seasonal worker.
vi) 3 Directors to be nominated by the Government.
vii) 5 Directors to be nominated by the Financing Institutions.
Provided, however, that as and when the nominees of Government or Industrial Finance Corporation or any other financing institutions are withdrawn, the vacancies so caused shall be filled by "supply members".
(Provided, however, that where a situation arises, when the society already working without any Government's financial involvement decided to borrow funds from Government guarantee, three more directors nominated by Government shall be added to the existing strength of the Board.)
Byelaw No. 21. (1) Duties and Power of the Board
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xv] to frame rules and regulations for the proper conduct of business of the society. Such rules and regulations shall be recoded in the minute book.
xix] to prescribe from time to time subject to budget provision the scale of establishment including technical personnel, salaries, etc. and to adopt suitable by-laws relating to the service conditions of employees in conformity with the standing orders approved by the Appropriate Authority and with the approval of Registrar.
Byelaw No. 24 - B of the 4th respondent discloses the Powers of Managing Director and upon understanding of the above-law, the Board has not given any such absolute power, where the respondent no.4 can supersede the Board or veto a G.O. issued by the Government in its rule making power as provided under Section 15 of Industrial Employment (Standing Orders) Act, 1946. This court clearly visualises that there is no such absolute decision making power to the respondent no.4, without the approval of the Board and the competent authority, and also in view of the services conditions of an employee working with the respondent no.4 are vested with Board as shown at Bye-law No.21 (1) (xix) as such respondent no.4 cannot issue the impugned proceedings under challenge in the batch writ petitions, contrary to its own bye-laws and G.O.Ms.No.15 dt.31.01.2022.
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Section 4 :
“ The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any other law, for the time being in force”.
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though strict parity cannot be equated to employees of 4th respondent/ Sugar Factory or similarly placed employees in any State Corporations with Government employees but the precedents followed by these Corporations have a binding effect in implementing the G.O.’s issued by the State and Sugar Factory has no such exclusive power to act in defiance to the G.O.Ms.No.15 issued by the State, without the issue being placed before the Board of the Sugar Factory. On a parallel reading of Section of Section 4 of The A.P Public Employment (Regulation of Age of Superannuation) Act, 1984 (Act No.23 of 1984) and Section 15 of Industrial Employment (Standing Orders) Act, 1946, (Act 23 of 1984) is extracted as hereunder :
15. Power to make rules.
(1) The appropriate Government may after previous publication, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may-
(a) prescribe additional matters to be included in the Schedule, and the procedure to be followed in modifying standing orders certified under this Act in accordance with any such addition;
(b) set out model standing orders for the purposes of this Act;
(c) prescribe the procedure of Certifying Officers and appellate authorities;
(d) Prescribe the fee which may be charged for copies of standing orders entered in the register of standing orders;
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(e) provide for any other matter which is to be or may be prescribed; Provided that before any rules are made under clause (a) representatives of both employers and workmen shall be consulted by the appropriate Government.
Chodavaram Cooperative Sugars Ltd., No.B, 1109, Govada and
relevant Standing Orders, which extracted hereunder:
1. In these standing orders, unless there is anything repugnant in the subject or context:-
a) "the Establishment" means the Chodavaram Cooperative Sugars Limited, Chodavaram, Vizag District.
b) "Manager" means the person for the time being managing the Establishment.
c) "Ticket" includes a card pass or token..
2. (1) Workmen may be classified as:-
d) Temporary workmen (Seasonal or non-seasonal)
(a) “Permanent workmen" means a workman appointed in a permanent vacancy and whose appointment has been confirmed in writing by the employer and includes a workmen who has completed a probation of 6 months in the aggregate in the same or another occupation in Establishment including breaks due to sickness, accident, leave, lock-out, strike, (not being an illegal strike) or involuntary closure of the establishment.
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Kumar and Others”1 wherein the Hon’ble Division Bench, while allowing the appeal have discussed the Prevention of Corruption Act, 1988 with regard to public servant and the Lokpal and Lokayuktas Act, 2013 (1 of 2014), further amendments have been made therein……
“24. Thus, it is evident that corrupt practices indulged by “public servant” is alarming and the Courts are bound to widen the scope of interpretation of the words “public servant”. The Sugar Mills are performing public duty and the first respondent while working as Cane Officer of Tiruttani Co-opearative Sugar Mills, which was created and registered under the Tamil Nadu Co-Operative Societies Act, 1983, is a ‘public servant’ within the meaning of Section 2(c) of the Act. In the light of the above findings, we are not persuaded to accept the findings given by the learned single Judge”.
1 W.P.No. 1801 of 2013, dated 18.11.2014
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“Rule 28(6) of the Andhra Pradesh Co-operative Societies Rules, 1964 makes a distinction between the age of superannuation of the Last Grade Servants and the other employees of the Societies. According to the provisions, while the age of superannuation of the other grade employees is 58 years, the provision specifically laid down that the age of superannuation of the Last Grade Servants is 60 years. In view of the said provision, this Court is of the view that the balance of convenience is in favour of the petitioner. Therefore, the petitioner shall continue in service until further orders”.
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“4 (i) All the Managing Directors shall follow the instructions of Government/ Director of Sugar on age of superannuation issued from time to time, keeping in view of the bye-laws of respective Coop.Sugar Factories.
(ii) The Managing Directors shall take steps to retire all CSF employees, except Last Grade Employees on attaining the age of 58 years.
(iii) The Managing Directors shall not retire the NMRs/ Daily Wage Employees on attaining the age of 58 years with a plea that they are being allowed officiating allowance in the higher posts i.e Supervisory/ Clerical/ Skilled/ Semi skilled.
(iv) All the NMRs/ Daily Wage Employees shall be retired from service on attaining the age of 60 years, even though they are allowed to draw Officiating Allowance for attending vacant higher posts i.e Supervisory/ Clerical/ Skilled/ Semi Skilled, by treating them as Last Grade Service.
(v) The Managing Directors shall take-up necessary amendments/ modifications to their Society’s Bye-Laws and Standing Orders duly incorporating the retirement age of NMRs/ Daily Wage Employees on attaining the age of 60 years, treating them as Last Grade Service, irrespective of drawal of Officiating Allowance in higher posts i.e Supervisory/ Clerical/ Skilled/ Semi Skilled”.
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enhancement from 60 to 62 years. Therefore learned counsel for the petitioners would contend that in similar circumstances the G.Os and Memos cited supra would squarely applies to the similarly situated employees working in the Sugar Factories as stated supra and are entitled to get same benefit in this case also and shall treating the petitioners as Last Grade Service.
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supra. Therefore the contention of the learned counsel for the respondents that the Sugar Factories registered under Co-operative Societies Act, therefore the petitioners are not employees in the State Government and that they are not entitled to get benefit to extend the age from 60 to 62 years cannot be sustained. Though in similar circumstances the same Sugar Factories adopted the G.Os and extended the age from 58 to 60. At this juncture, the same principle would be attracted in these matters also.
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___________________________ DR.K. MANMADHA RAO, J
Date: 21.09.2022
KK
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THE HON’BLE DR. JUSTICE K. MANMADHA RAO
WRIT PETITION Nos. 9311, 8190, 18530, 23023, 27696, 16694, 16695, 18209, 18528, 23402 and 27644 of 2022
Date: 21.09.2022
KK
2 issues framed by the court
Do daily wage workers in Co-operative Sugar Factories entitled to enhanced retirement age under GO Ms No 15
Whether Co-operative Societies Act employees entitled to State Government age of superannuation benefit
Colour shows how this judgement treated each authority
The Joint Registrar/ Administrator, M/s Tiruthani Co-operative Sugar Mills Ltd. Vs. P. Siva Kumar and OthersReferred¶75
1 W.P.No. 1801 of 2013, dated 18.11.2014
Interim direction of High Court of Judicature for the State of Telangana and Andhra PradeshRelied on¶80
W.P.No.20653 of 2015, dated 18.07.2015
6 provisions across 6 enactments
PETITIONERS (W.M.NRs/Daily Wage Employees of Co-operative Sugar Factories)
GOVERNOR/STATE GOVERNMENT
DIRECTOR OF SUGARS AND CANE COMMISSIONER
CO-OPERATIVE SUGAR FACTORIES
HOWARD LALMAN ARCHER & ORS
K. MANMADHA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
