- (1.) This is a plaintiff's appeal. The suit was for a declaration that the plaintiffs services were illegally terminatied by the U. P. Indus- trial Co-operative Association Ltd. Kanpur, the defendant. The plaintiff also claimed damages. He alleged that he Was appointed as a clerk on April 8, 1958. He was subsequently promoted as not- er and drafter and later on as Yarn Inspected. He was transferred to Business Section of the Co-operative Society in September 1965. He was a permanent employee but his services were terminated abruptly from 25th May, 1966 III contravention of the relevant rules and provisions on the subject.
(2.) In defence it was pleaded that the plaintiff was temporary hand and his services could be determined at any time. Subsequently it was pleaded that the suit was barred by section 111 (c) of the U. P. Co-operative Societies Act, 1965. The trial court decreed the suit but on appeal the decree was reversed and it was held that the suit held that tbe suit was baited by section 70 read with section 111 of the aforesaid Act.
(3.) Before the learned single Jadge the plaintiff challenged the finding that section 70 of the Act was applicable. On behalf of the defendant-respondent reliance was placed upon a single Judge decision in writ petition no. 3693 of 1968. The U.P. Industrial Co-operative Union Ltd. v. The First Additional Munsif Gorakpur, decided on 7th Januray, 1970. In this decision it was held that a dispute relating to the validity of the termination of services could validly be settled under section 70 of the U. P. Co-operative Societies Act and hence the jurisdiction of the Civil Court for determining such a dispute was barred. No reasons wese given The earlier decision of the Supreme Court was not brought to the notice of the learned single Judge. The learned single Judge hearing this case felt that in view of the Supreme Court decision the aforesaid decision of the learned sigle Judge required reconsi deration. He accordingly refezred the case to a larger Bench.;