SUSHILA DEVI Vs. RAJASTHAN STATE CO OP TRIBUNAL
HIGH COURT OF RAJASTHAN
RAJASTHAN STATE COOPERATIVE TRIBUNAL, JAIPUR
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P.E.Banerjee, C. J. -
(1.)The only point for consideration in this case is whether the Co-operative Tribunal has right in holding that the change in service condition of an employee or an order of dismissal of an employee comas within the meaning of Section 75 of the Rajasthan Co-operative Societies Act, viz, "touching the business of the society."
(2.)In Supreme Court decisions in D. M. Co-operative Bank v Dalichand [AIR 1969 SC 1320], Co-operative Cr. Bank v. Ind. Trib., Hyderabad, [AIR 1970 SC 215], and again in Allahabad Dist. Co-op. Ltd. v. Hanuman Dutt, [AIR 1982 SC 120], it has been held inter alia that tha word "touching the business of Society", does not bring in a dispute in raspact of alteration or condition of sarvice. It has baen held further, sincs the word "bustnass of society" is concluded with actual trading or other similar business activity of the sosiety which the society is authorised to enter into under the Act and the Rules and the bye- laws. Sinca it has been held, that the proposition that whatever the society does or is necassarily required to do for the purpose of carrying out its objects such as laying down condition, can be said to ba a part of the business. It would appear that the dispute relating to tha condition of service of the workman employed by the Society cannot be held to be a dispute touching the business of the society.
(3.)In Allahabad Dist. Co-op, Ltd.'s case [supra] the Supreme Court reiterated what was stated in Co-operative Cr. Bank's case [supra].
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