Section 103 in The U.P. Co-operative Societies Employees Service Regulations, 1975
103.
The provisions of these regulations to the extent of their inconsistency, with any of the provisions of the Industrial Disputes Act, 1947, U.P. Dookan Aur Vanijya Adhishthan Adhiniyam, 1962, Workmen's Compensation Act, 1923 and any other labour laws for the time being in force, if applicable to any co-operative society or class of co-operative societies, shall be deemed to be inoperative.[104. Recruitment of dependents of employees dying in harness. - (i) In case an employee of Co-operative Society, who is either permanent in his appointment or if temporary, who has been recruited in accordance with the provisions of the Uttar Pradesh Co-operative Societies Employees' Service Regulations, 1975 and has been holding his post for a minimum continuous period of three years this in harness after the commencement of these Regulations, one member of his family, who is not already employed under the Central Government or a State Government or a Corporation or an undertaking owned or controlled by the Central Government or a State Government, shall on making an application for the purpose, be given a suitable employment under the society concerned provided such member possesses the minimum educational qualifications prescribed for the post and is otherwise fit for appointment thereto. Such employment shall be given to the said member without delay and as far as possible, under the same society in which the deceased servant was employed at the time of his death.(ii)The application for appointment under this regulation, shall be addressed to the appointing authority, and shall inter alia, contains the following details:(a)The name of the society where the deceased employee was working, the post held by him at the time of his death and the dale of his death;(b)The names age and other details, particularly pertaining to marriage, employment and status in respect of the surviving members of the family of the deceased employee;(c)Details about financial position of the said members;(d)Educational and other qualifications, if any, and the date of birth of the applicant (with proof).(iii)Notwithstanding the provisions of Regulation 12, a candidate seeking employment under this regulation must have attained the age of 18 years before he is appointed to a post under the society.(iv)Notwithstanding anything contained in clause (i) of Regulation 15, it shall be open to the Board to whom the case shall be referred by the appointing society, to dispense with the procedural requirements of selection, such as written test or interview by a selection committee, and accord its approval to the appointment of the candidate after satisfying itself that the candidate will be able to maintain the minimum standard of efficiency expected of him for the post in question, and that the requirements of Regulations 9 and 14 are fulfilled.(v)Where more than one members of the family of the deceased employee, seek employment under this regulation, the Board shall decide, keeping in view the overall interest of the family of the deceased employee, particularly the widow and the minor members thereof, which of the members should be given employment under the provisions of this regulation. The decision of the Board in the matter shall be final.Note. - The family, for purposes of this regulation, shall include the wife/husband, sons and unmarried or widowed daughters of the deceased employee.
