M.C.JAIN, C.J. - (1.) This special appeal under Section 18 of the Rajasthan High Court Ordinance, 1949 is directed against the judgment of the learned single Judge dated 14/05/1985 whereby the learned single Judge allowed the writ petition and he set aside the order of the Rajasthan State Co-operative Tribunal, Jaipur dated 15-11-1975 and remanded the case back of the said Tribunal to decide the appeal filed by respondent No. 3 Shri N. K. Tyagi against the order dated 16-2-1971 passed by the Deputy Registrar, Co-operative Societies, Bharatpur Zone, Bharatpur on merit in accordance with law.
(2.) A few facts may briefly be noticed. The petitioner respondent No. 3 was appointed as Manager of the Sawai Madhopur Co-operative Marketing Society Ltd. vide order dated 23/10/1961. The Chairman of the Society suspended him on 16-1-1969 and thereafter he was served with a chargesheet dated 1-3-1969. Thereafter without any enquiry into the alleged misconduct of the petitioner his services were terminated by the appellant society vide its order dated 26/04/1969. According to the petitioner the order of suspension as well as the order of termination of the petitioner's services were illegal and void. So the petitioner raised a dispute under Section 75 of the Rajasthan Co-operative Societies Act, 1965 (for short 'the Act') against the termination of his service before the Registrar, Co-operative Societies, Rajasthan, Jaipur. The Registrar referred to dispute to the Deputy Registrar, Co-operative Societies of the Bharatpur Zone, Bharatpur. Reply to the reference was filed by the respondent society on 17-9-1969. The Deputy Registrar held that the dispute raised by the petitioner is a dispute touching the management of the society so the dispute is not maintainable. However on merits he found that the order of termination is not bad so the reference was decided against the petitioner. The petition preferred an appeal under Section 123 of the Act against the order of the Deputy Registrar before the Tribunal. The appellant society raised a preliminary objection that the reference was not maintainable as the dispute is not a dispute which touches the management of the Co-operative Society. The Tribunal upheld the preliminary objection and it was held that the dispute between the employee and employer cannot be tried by the Registrar and consequently the appeal is not maintainable for want of jurisdiction. Review petition was also filed, the same was also dismissed by the Tribunal by its order dated 17-4-1976. The petitioner thereafter filed a writ petition, the learned single Judge allowed the writ petition and set aside the order of the Tribunal and held that the dispute touches the management of the society and as such the reference was maintainable under Section 75 of the Act and consequently the matter was sent back by the learned single Judge to the Tribunal for decision on merits in accordance with law. Dissatisfied with the order of the learned single Judge this special appeal has been filed.
(3.) We have heard Shri B. K. Pathak, learned counsel for the appellant Marketing Society and Shri B. L. Sharma, learned counsel for the petitioner respondent No. 3.;