- (1.) Akhilesh Tiwari is before this Court assailing the validity of the judgment and order dated 14.2.2014 passed by the learned Single Judge in Writ-A No. 51673 of 2012 (The N.E. & E.C. Railway Employee's M.S.P. Cooperative Bank Ltd. Vs. The Central Registrar, Cooperative Societies and another) wherein learned Single Judge has allowed the writ petition in question by holding that Central Registrar has no authority to go into the validity of the termination order as such a dispute is expressly excluded from the scope and ambit of arbitration proceedings under Section 84 of the Multi State Cooperative Societies Act, 2002 (hereinafter referred to as the '2002 Act').
(2.) Brief background of the case is that the North Eastern & East Central Railway Employee's Multi-State Primary Cooperative Bank Limited, Gorakhpur is a registered cooperative society under the provisions of the 2002 Act and the affairs of the said society is to be run and managed strictly in consonance with the provisions as contained under the 2002 Act and the by-laws framed thereunder.
(3.) Akhilesh Tiwari, the appellant, was an employee in the said society and as against him disciplinary proceedings have been undertaken by initially putting him under suspension and then issuing charge-sheet on 18.11.2011. The society in question, thereafter, concluded the disciplinary proceedings and the Board of Directors took a resolve on 30.12.2011 to dispense with the services of appellant. Aggrieved by the said dispensation of service appellant made representation to the Central Registrar, Cooperative Societies, New Delhi, and on receipt of the said representation the Central Registrar by order dated 18.9.2012 held that the dispute raised by the appellant does not fall within the scope and ambit of Section 84 of the 2002 Act and, accordingly, the order passed by the Board of Directors has been set-aside. The said decision of the Central Registrar has been subjected to challenge in writ petition No. 51673 of 2012 and the said writ petition in question has been allowed and against the same present special appeal in question has been filed.;