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Action Committee Of Employees And ... vs The Andhra Pradesh Employees' Welfare ... on 14 June, 1996
cites
The Societies Registration Act, 1860
The Companies Act, 1956
Article 14 in Constitution of India [Constitution]
Article 12 in Constitution of India [Constitution]
Sri Konaseema Co-Operative Central ... vs N. Seetharama Raju on 5 March, 1990
There is no dispute with the proposition, but the question in the instant case is as to whether can it be said that the A.P. Employees' Welfare Fund Rules, 1980 are in the nature of any bye-laws or Rules of an Association as such. There is no Association or any Society as such formed under any act and registered as such either under the Companies Act or the Societies Registration Act. On the other hand, the membership of the fund is made compulsory to all the employees permanent, regular and temporary of Government, Local Bodies and employees of aided Institutions other than the teaching Staff and every such employee is compulsorily made to contribute amounts to the fund and such contribution once paid shall not be repaid to any member under any circumstances. This contribution constitutes one of the major ingredients of the corpus of the fund and it is the interest that is earned on the corpus of the fund in each year is deemed to be the income from the fund and it is that income alone which can be utilised for the sanction of loans or grants to the members or for any scheme intended for the general Welfare of the employees. Thus there is an element of compulsion, compelling each employee of the State Government to be a member of the welfare fund and there is further compulsion that each such employee should make contribution towards the welfare fund. In the circumstances, with great respect, it is not possible to accede to the submissions made by the learned Advocate General. None of the employees become members of the welfare fund voluntarily and make voluntary contribution as such and on the other hand, there is compulsion with regard to both the acts relating to membership and payment of contribution. Therefore, it cannot be said that the membership of the fund can be equated to that of any voluntary association or a society registered under the Societies Registration Act. The learned Advocate General further placed reliance upon a Full Bench Decision of this Court in Sri Konaseema Co-operative Central Bank Ltd., Amalapuram and another v. N. Seetharama Raju 1990 (2) ALT 1 in which it is held that :
Co-Operative Central Bank Ltd. & Ors vs Additional Industrial Tribunal, ... on 3 April, 1969
16. However, the learned Advocate General appearing on behalf of the State with his usual precision and clarity submits that the writ petitions are totally misconceived and not maintainable in law. The learned Advocate General submits that the Rules in question are not framed by the Government in exercise of statutory power traceable to any of the Statue. The Rules are more or less in the nature of bye-laws of an Association or a Society and therefore, they are not enforceable by this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. The learned Advocate General submits that even if there is any infraction of any one or all the Rules, the remedy under Article 226 of the Constitution of India is not available. The learned Advocate General relied upon a decision of the Apex Court in Co-operative Central Bank Ltd. and others v. Additional Industrial Tribunal, Andhra Pradesh, Hyderabad in which the Apex Court held that :
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