Law: Cooperative Societies Rules, 1927

Section: 48

Law: Constitution of Pakistan, 1973

Section: 199

(a) Cooperative Societies Rules, 1927-- ----S. 48---Trust, dissolution of---Deputy Registrar Cooperative Societies, jurisdiction of---Provincial Cooperative Bank had created a Pension Fund Trust for pension benefits to its employees---Deputy Registrar dissolved the trust after winding up of the Bank---Validity---Pension Trust Fund could not be dissolved under R.48 of the Cooperative Societies Rules, 1927, as the same was neither a Cooperative Society nor a Committee---Where the order of dissolution had neither been passed by the Registrar, nor the same had been published in the Official Gazette, such order of dissolution of the Trust was against the provisions of R:" 48 of Cooperative Societies Rules, (b) Cooperative Societies Rules, 1927-- ----S. 48---Constitution of Pakistan (1973), Art. 199---Constitutional petition---Trust, dissolution of---Rule of equity and propriety--­Applicability---Provincial Cooperative Bank had created a Pension Fund Trust for pension benefits of its employees---Bank was wound up and in ­service employees were given benefit of Golden Hand Shake Scheme---Out of 32 retired employees only 13 were benefited from the Pension Fund Trust---Deputy Registrar of Cooperative Societies dissolved the Trust under the provisions of R:48 of Cooperative Societies Rules, 1927, and the petitioners who were the remaining 19 retired employees of the Bank were given no pension benefits for which purpose the Trust was created--­Validity---Trust was validly created by the Bank and in accordance with law---Order passed by the Deputy Registrar was illegal and result of misinterpretation of relevant law---Where petitioners were the only sufferers due to the order passed by the Deputy Registrar, High Court following the rule of equity and propriety directed the Authorities to give the benefits to the petitioners accordingly. JUDGMENT SALEEM DIL KHAN, J.---The petitioners have invoked the Constitutional jurisdiction of this Court under Article 199 of the Constitution for taking corrective steps in declaring the order dated 29-7-1997 passed by Registrar/Administrator Cooperative Societies, N.-W. F. P. as without lawful authority and of no legal effect. Another…

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