PRATHAM KUMAR SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the order dated 09.11.2016 (Annexure P/1) passed by the Chhattisgarh Co-operative Tribunal and the order dated 05.08.2016 (Annexure P/4) passed by the Registrar, Cooperative Society.

(2.) The grievance of the petitioners is that, the petitioners in the present case have been engaged by the respondent No.4 bank in the capacity of Data Entry Operator. The nature of appointment of the petitioners was contractual in nature and the contract was being renewed continuously from the date of their initial appointment which for all the petitioners vary between 2008 to 2013.

(3.) The petitioners herein had raised a dispute before the Registrar, Cooperative Society under Section 55 (2) of the Cooperative Societies Act, 1960 (in short, the Act) read with Section 64 of the Act. The claim was for a direction to the respondents to consider regularization of the petitioners considering the fact that they have put in a considerable period of service with the respondent No.4. The Registrar vide order dated 05.08.2016 rejected the claim application on the ground that the same was not maintainable since the petitioners did not fall within the definition of "employee" under the Act and that their engagement was contractual in nature.