- (1.) Respondent Nos. 2 and 3 were selected by the Selection Committee constituted in terms of U.P. Co-operative Societies Employees Service Regulation, 1975 as in force then as Clerks/Cashiers. Appointment letters were issued to them on 28-4-1980 and they also reported to duty. Thereafter, by resolution made on 9-5-1980 the said recruitment was cancelled. Respondent Nos. 2 and 3 filed a writ petition before the High Court challenging the action of the Managing Committee of the Agra District Co-operative Bank Ltd. the appellant herein. The High Court, however, declined to interfere with the action and asked the parties to work out their respective alternative remedies under law. Thereafter, a dispute was raised before the Labour Court and the Labour Court declined to interfere on the ground that the High Court had already decided the matter. Again respondent Nos. 2 and 3 approached the High Court for appropriate reliefs and the High Court set aside the award made by the Labour Court and remitted the matter to the Labour Court for fresh consideration on the merits of the matter. The Labour Court examined the matter on merits and came to the conclusion that the termination of services of respondent Nos. 2 and 3 is invalid and directed their reinstatement with certain directions in relation to back wages. That award was challenged before the High Court.
(2.) Three contentions were raised before the High Court; firstly that the selection process had not been done properly and in terms of the relevant regulations, therefore, the same is vitiated; secondly, it was stated that the Assistant Registrar, Co-operative Societies who was one of the members of the Selection Committee, did not participate but his nominee participated in the selection process, therefore, the selection is vitiated; thirdly it is contended a dispute under Section 70 of the U.P. Co-operative Societies Act should not have been raised in relation to termination of services of the respondent Nos. 2 and 3 and, therefore, the Labour Court had no jurisdiction to decide the matter.
(3.) On behalf of the contesting respondents all these three contentions have been countered very effectively.;