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LIQUIDATOR HAS CHALLENGED THE JRCS ORDER IN KAT IS CLEAR VIOLATION OF SECTION 70A OF KCS ACT LET SHE WITHDRAW IT OR FACE SUSPENSION

 
 
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LIQUIDATOR HAS CHALLENGED THE JRCS ORDER IN KAT IS CLEAR VIOLATION OF SECTION 70A OF KCS ACT LET SHE WITHDRAW IT OR FACE SUSPENSION
by System Administrator - Monday, 6 March 2017, 12:48 AM
 

By : M.S.Yatnatti: Editor and Video Journalist Bangalore :JRCS has delegated powers under section 2 (5) of KCS Act 1959 and entertained the dispute Employees of Malleshwaram Co-operative Society Limited under section 70 A Registrar has entertained a dispute referred after the period specified in sub-section (1) if he is satisfied that the persons making the reference had sufficient cause for not making the reference within that period and case is delegated to DRCS Bangalore for final disposal . The present liquidator has challenged the JRCS order in KAT IS clear violation of section 70A. Period of limitation.- (1) No dispute under section 70 shall be entertained unless it is referred to the Registrar within six years from the date of the cause of action: Provided that a dispute relating to the election of a member, President, Vice-President, Managing Director, Honorary Secretary or other officer of the Committee shall be referred to the Registrar within thirty days from the date of declaration of the result of the election. (2) Notwithstanding anything contained in sub-section (1), the Registrar may entertain a dispute referred after the period specified in sub-section (1) if he is satisfied that the person making the reference had sufficient cause for not making the reference within that period.The present liquidator has challenged the JRCS order in KAT IS clear violation of section 70A and liquidator Malleshwaram Co-operative Society Limited as committed irregularities and avoiding the payments of VRS salaries due to 66employees of Malleshwaram Co-operative Society Limited the RCS and JRCS is requested to immediately order for departmental enquiry and suspend the present liquidator Malleshwaram Co-operative Society Limited under KCSR and CCA rules 1959 and issue orders foe release of VRS salaries and other salaries due with 15 years interest. liquidator Malleshwaram Co-operative Society Limited has option to withdraw the challenge to JRCS order or face the suspension and choice is left to her.Not giving salaries is human right violation. If RCS JRCS DRCS ARCS salaries are stopped then they will know the pain of 66 Employees of Malleshwaram Co-operative Society Limited who are deprived of their lively hood and VRS salaries .Liquidator is Winding-up Authority of co-operation department need to pay VRS Salaries on priority. When they are taking salaries why they are reluctant to pay the salaries of employees of 66 Employees of Malleshwaram Co-operative Society Limited and delaying salaries in the guise of section 70 of the Act which is not applicable to them .It is duty and not a dispute of co-opeartion department . VRS Retirement benefits are the accumulated savings of a lifetime of service. Denial, non-payment or delayed payment of the same is not only tantamount to denial of an individual's rightful property, but is also a violation of the human rights of the victim and their next of kin wherein their livelihood is affected, often times resulting in untold misery, starvation and poverty.Please note that RTI system of justice is different and KSA quasi judicial system is different and under section 4(1) (d) RTI Act 2005 we can ask reasons for administrative and quasi-judicial decisions of co-operation department . The public authorities take various administrative and quasi-judicial decisions which affect the interests of certain persons. It is mandatory for the concerned public authority to provide reasons for such decisions to the affected persons. It may be done by using appropriate mode of communication. I request thisJRCSto issue direction Directing to pay VRS benefitsequivalent to three months' salary for each completed year of service, or salary at the time of retirement multiplied by the balance months of service left before the date of retirement with 15 years interest as per citations in WA Nos 3702-3703/2011 (S-RES0 dated 07-08-2012) to Liquidator& DeputyRegistrar co-operative Societies to release VRS salaries and all 66 employees benefits due by Liquidator Malleshwaram Co-operative Society Limited with 15 years interest as per high court and supreme court citationsas it cannot be dispute under section 70 of KCS Act but it is duty underco-operation department under KCS Act and liquidation rules and circulars .

Not giving salaries is human right violation. If RCS JRCS DRCS ARCS salaries are stopped then they will know the pain of 66 Employees of Malleshwaram Co-operative Society Limited who are deprived of their lively hood and VRS salaries .Liquidator is Winding-up Authority of co-operation department need to pay VRS Salaries on priority. When they are taking salaries why they are reluctant to pay the salaries of employees of 66 Employees of Malleshwaram Co-operative Society Limited and delaying salaries in the guise of section 70 of the Act which is not applicable to them. What is applicable is liquidation law and circulars.According to the Act and Liquidation circulars VRS salaries and employees dues retiral benefits comes first priority but co-operation department has first settled other creditorsand not cared to give VRS salaries till today even after 15 years. Department has violated priority clause in respect of employees The object of the provisions in S. 118(2) of the Karnataka Co-operative Societies Act, 1959, is to protect the interests of all the creditors of the Society and to ensure an equitable distribution in respect of several claims against the Society by the Winding-up Authority. There cannot be dispute with the liquidator and employees of the society under section 70 of the co-operative society Act .It is not dispute .it is clear violation of law and circular to be followed by Liquidator iswhich is Winding-up Authority of co-operation department . The co-operation department RCS JRCS DRCS ARCS altogether under a conspiracy not releasing the VRS salaries to 66 employees of Malleswrama co-operative society and other dues with last 15 years interest but they have released money to creditors and doing other expenditure in violation of act and liquidation rules which have kept priority to be given to employees first and then others . Employees are dying and JRCS did nothing .He cares two hoot to CM orders and NHRC directions. The amount receivable on account of voluntary retirement of the employee does not exceed the amount equivalent to three months' salary for each completed year of service, or salary at the time of retirement multiplied by the balance months of service left before the date of retirement on superannuation of the employee Voluntary retirement scheme is a method used by Government companies and co-operative societies to reduce surplus staff similarly 66 Employees of Malleshwaram Co-operative Society Limited are eligible for VRS scheme .Let the department stop this injustice otherwise things might go out of control or employees who are any way dying out of old age may come and die before RCS JRCS DRCS ARCS offices as reportedly they are talking about this openly in Public.