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Baga Ram S/O Manaji Vs. Jalore Co-operative Marketing Society Ltd. and anr. - Court Judgment

LegalCrystal Citation
SubjectLabour and Industrial
CourtRajasthan High Court
Decided On
Case NumberS.B. Civil Misc. Stay Petitioner No. 1430 of 1984 and S.B. Civil Writ Petition No. 1494 of 1984
Judge
Reported in1985WLN(UC)176
AppellantBaga Ram S/O Manaji
RespondentJalore Co-operative Marketing Society Ltd. and anr.
DispositionPetition allowed
Cases ReferredBank Ltd. v. Kesaram
Excerpt:
labour law - termination order--validity of--order issued by administrator in pursuance of order passed by asst. registrar--held, it is in substance order of asst. registrar;respondent no. 2 who is working in the society as administrator has passed the order in pursuance of the order issued by the assistant registrar, cooperative society, therefore this order is in substance order of the assistant registrar.;(b) industrial disputes act, 1947 - section 25f--petitioners continued in service for more than 240 days--held, service cannot be terminated without complying section 25f;since petitioners have continued more than 240 days therefore, their services cannot be terminated except in accordance with section 25f.;writ allowed. - .....aggrieved against the order annx. 1. whereby he was served with one month's notice terminating his services. the writ petition was admitted and a stay order was granted.2. a preliminary objection has been raised by mr. dave appearing on behalf of respondent that the present petition is not maintainable because it is a writ petition directed against a society but this object is not sustainable because the perusal of annx.1 would show that respondent no. 2 who is working in the society as administrator has passed the order in pursuance of the order issued by the assistant registrar, cooperative societies, therefore, this order is in substance order of the assistant registrar.3. in nagaur central co-operative bank ltd. v. kesaram 1979 rlw 480, division bench of this court has held that if.....
Judgment:

A.K. Mathur, J.

1. Petitioner has filed the present writ petition aggrieved against the order Annx. 1. whereby he was served with one month's notice terminating his services. The writ petition was admitted and a stay order was granted.

2. A preliminary objection has been raised by Mr. Dave appearing on behalf of respondent that the present petition is not maintainable because it is a writ petition directed against a Society but this object is not sustainable because the perusal of Annx.1 would show that respondent No. 2 who is working in the Society as Administrator has passed the order in pursuance of the order issued by the Assistant Registrar, Cooperative Societies, therefore, this order is in substance order of the Assistant Registrar.

3. In Nagaur Central Co-operative Bank Ltd. v. Kesaram 1979 RLW 480, Division Bench of this Court has held that if the order has been passed by Administrator on the basis of the order of Registrar, then that order would amount to be order of Registrar, only and thus the preliminary objection is over ruled.

4. Mr. Mridul has submitted that the petitioner is working in the Society and he has completed more than 240 days, therefore, his services can not be terminated without following the procedure laid down in Section 25F of the Industrial Disputes Act. Mr. Dave submits that Ex. 1 is not the order of termination but it is only notice and, therefore, the writ petition at present is premature. Be that as it may, fact remains that this petitioner is in service for more that 240 days, therefore, his services cannot be retrenched except in accordance with law. Mr. Dave says that appointment of petitioner was irregular as he was appointed initially in violation of direction issued by the Registrar. It has not been pointed out that in what respect the appointment of these persons was irregular nor directions of Registrar have been placed on record. Since petitioners have continued more than 240 days therefore, their services cannot be terminated except in accordance with Section 25F of the Industrial Disputes Act and admittedly the same has not been complied with and as such order Annx. 1 is quashed, and the writ petition is allowed.

5. It is left open to the respondent to pass fresh order in accordance with law. Parties are left to bear their own costs.


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