RAGHAVAN Vs. THE SECRETARY TO GOVERNMENT
LAWS(SC)-1990-1-53
SUPREME COURT OF INDIA
Decided on January 24,1990

RAGHAVAN Appellant
VERSUS
The Secretary to Government Respondents

JUDGEMENT

- (1.)Special leave granted.
(2.)After hearing learned counsel for the parties, we are of the opinion that the High Court committed error in holding that the Revision was maintainable before the State Government under Sec. 87 of the Kerala Co-operative Softies Act 1969.
(3.)It appears that a dispute relating to conditions of service was raised by the employees of the Co-operative Society and the same was referred by the Registrar to the Assistant Registrar for adjudication in accordance with Sec. 70 of the Act. The Assistant Registrar to whom the dispute was referred decided the dispute on merit art while doing so he rejected the objections raised on behalf of the Respondent No. 5 that the matter referred to him did not constitute a dispute as defined by Clause(i)of Sec. 2 of the Act. Thus the Assistant Registrar disposed of the dispute on merit and also the objections of the respondent No. 2 by a composite order. The respondent No. 2 thereupon filed Revision Petition before the State Government under Sec. 87 of the Act. The State Govt. took cognizance of the Revision and issued an interim order. The appellant file a Writ Petition under Art. 226 of the Constitution before the Kerala High Court challenging the jurisdiction of the State Govt, in entertaining the Revision. A learned Single Judge held that the State Government had no jurisdiction to entertain the Revision. On Letters Patent Appeal, a Division Bench of the High Court held that the State Govt. had jurisdiction to hear the Revision in view of Sec. 69 (4) of the Act. Hence this appeal.
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