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shrikant v. sathe (retired)     05 October 2010

which court we can go?

We are the 25 members who were  in officer cadre in one of co-op. bank.Upto 2002 bank was retiring officers at the age of 58. From 2003 it had dicided to retire officer cadre at the age of 55.Standing orders did not apply to us.As they were unregistered and not made with agreement they are void and also therefore not appilcable to award staff also. My question is can we file writ petition? Can our wirt petition will be rejected. Can I ask the court about which court we can file our case under rti act.?



 5 Replies

Kuljit Pal Singh (Legal Professional)     06 October 2010

Dear Sir,

I think both will not help, as it is a Co-operative bank and not Nationalised Bank. I suggest u to challenge the retirement age policy before the Labour Court.

Regards

Vinod Phulchand Pawar (Lawyer/Advocate)     09 October 2010

Dear Sir:

You are not the workmen therefore, your can not filed the Complaint before Labour or Industrial Court. You can filed Writ Petition  and challenge the retirement scheme.

Jacob Pratap (service)     19 November 2010

You stand good chances in a writ petition unless it is marred by delay and lashes since the matter seems pretty old. 

pankaj gupta (self)     21 November 2010

cooprative bank is not state u/a 12 of constitution of india , so writ petition can not be filed.before the high court

you are not workmen being barred by the upper limit of salary therefore no dispute can be raised by you or your class of officers

therefore, only way left or the remedy available to you is to file a civil suit before the court for changing the service conditions adversely

change in service condition without prior notice is bed as per verdict of Hon'ble supremecourt

everything from the day of appointment till the date of retirement is covered under word "condition of service"

for further contact gupta_punkaj@yahoo.com mobile 09828103687

Jacob Pratap (service)     22 November 2010

Here is a recent care in which a writ petition on service matter was filed in the Hon'ble High Court of Calcutta against the State cooperative Bank.  I think this serves the purpose that a coop. bank falls within the definition of  'State' u/s 12 of the Constitution of India.


Attached File : 1 1 jyotirmoy sen vs the west bengal state co opertive on 30 march 2010.pdf downloaded: 88 times

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