GOVIND MADHAV TIWARI Vs. ZILA SAHKARI KENDRIYA BANK

JUDGEMENT

(1.) THE counsels for the contesting parties have confined their arguments on the limited question of jurisdiction of the court of Dy. Registrar to adjudicate the dispute, in view of the Notification No. F-5-1-99-XV-I-B dated 26.7.1999. Thus, this order shall dispose of the limited controversy regarding the jurisdiction of the court.

(2.) UNDISPUTEDLY , the appellant had filed a dispute u/s 55 (2) of M.P. Co-operative Societies Act, 1960 (for short, 'the Act') long back on 5.11.1979, challenging the order of termination dated 18.10.1979. After rigmarole litigation in various Forums, the Court of Astt. Registrar Co-operative Societies, Guna,vide order dated 31.12.1997, set aside the order dated 18.10.1979 of termination of appellant and disallowed the claims for the period of suspension on the principle of 'No work no Pay'. The appellant challenged the aforesaid order in respect of back wages, whereas the respondent bank preferred a revision against the order of reinstatement. Both the matters were disposed of by Joint Registrar, vide common order dated 29.1.2000 by dismissing the appeal of the appellant for the back wages and upholding the order of termination by respondent bank. Hence, this Second Appeal.

(3.) REFUTING the aforesaid arguments, the counsel for the respondent bank has submitted that the Court of Joint Registrar had no inherent jurisdiction to decide the appeal on 29.1.2000, in view of Notification No. F-5-1 -99-XV- 1-B dated 26.7.1999. It is contended that the appeal is a continuation of suit. Therefore, the Court of Joint Registrar had no inherent jurisdiction to adjudicate the appeal in view of District Co-operative Bhumi Vikas Bank and others v. Prakash Marudhkar and others [2004 RN 177 (HC)].