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Some establishment comes under ID Act, that establishment covers Standing Orders Act but when Co-Operative Bank comes BIR Act, so it is cover Standing Orders Act? If No, under which Act we can use to take disciplinary Action against employee?
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Dear Joshi,
Any organization registered under the Co-operative Societies Act is a Co-operative society having its own approved bye-laws which covers, inter alia, service regulations of its employees. Most probably all the provisions of applicable Labor Laws are incorporated in it. Therefore, disciplinary control of its employees is a matter strictly subject to the bye-laws of any Co-operative institution.
The Supreme Court recently held that a Cooperative Society employee can choose any forum under Kerala Cooperative Societies Act Or Industrial Disputes Act to agitate his grievances . See Smt. KA Annamma vs. The Secretary, Cochin Cooperative Health Society Ltd. decided on January 12 2018
Read more at: Cooperative Society Employee Can Choose Any Forum Under Kerala Cooperative Societies Act Or Industrial Disputes Act: SC [Read Judgment] | Live Law
Dear Mr.KK!HR,
The question is about disciplinary action against employees of a Co-operative Society and not about the remedy against the disciplinary action.
This is an example of disciplinary rules applicable to employees of a particular Cooperative bank.
Rules are made by the bank itself subject to laws of the land.
To add to the ongoing discussion on disciplinary control over the employees of Institutions registered under the State Co-operative Societies Acts, it is important to look into the provisions under each such Act relating to "Common Cadre Employees". In the interest of the spread of the Co-operative movement, certain posts in certain co-operative societies/institutions have been earmarked as common cadre posts and specific rules have been framed regarding their conditions of service under each State Act. They have been generally classified under the head/ definition of "Officers of the society" comprising of posts like Asst.Secretaries, Secretaries, Managers etc. As such, their employment grievances are to be disposed of by the Authorities under the respective Co-op Societies Act and subject to the Writ Jurisdictions of the respective High Courts and the Supreme Court and are excluded from the purview of State Shops & Estts Acts as well as the Industrial Disputes Act,1947.
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