shrikant v. sathe (retired) 20 September 2010

Which court we can go?

The Janata Sahakari Bank ltd Pune had retired us at the age 55 instead of 58.The retiring age for officers was 58 upto 2002 but bank had abruptly changed it as 55 without giving intimation.We all officers, had suffered a heavy monetary loss in lacs.Please suggest me can we go in high court directly?If we go high court directly .will high court suggest us to co in co-op. court or industrial court?It will consume lot of time Can Indian government direct us in which court we can approach, by aplying rti application?So we can avoid the time loss.Can any advocate ,lawyer solicitor or experianced person guide me in this respect?The standing order is not applicable to us,it is for award staff.But standing order is not registered .So I think retiring age will be 62 years according to government new rule.Please suggest.

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Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108) 20 September 2010

1. Janata Sahakari Bank ltd, is a coop bank, governed under the MCS Act & the RBI Rules. The management (Chairman & other directors) would be having jurisdiction on administrative matters, which includes retirement ages, after due approval of its members.

2. Officers of above bank are not within the parameter of "public servant" for retirement purposes. Typically, the provisions of the MCS Act would apply.

3. The coop court has no jurisdiction on retirement age matters. Hence the Industrial Court may be approached for adjudication on such grievances, ANd later on the HC can be moved against the orders of the Industrial Court, as needed.

Keep Smiling .... Hemant Agarwal