I D L CHEMICALS LIMITED Vs. T GATTAIAH

JUDGEMENT

(1.) Mr A. Subba Rao, learned counsel appearing for the appellant, states that the appellant has implemented the impugned order of the High court. He further states that after a lapse of about 15 years it is not necessary to decide the precise question of law involved in this case. The appeal is disposed of.

(2.) We make it clear that we are not deciding the question of law involved in this case. Civil No. 3472 of 1987

(3.) The appellant was working as a Manager in the Primary Land Mortgage Bank, Samana (the Bank) in the year 1982. The Bank is a cooperative society under the Punjab Cooperative Societies Act, 1961. The appellant was served with a charge-sheet and was asked to give his explanation. The explanation of the appellant was considered by the Management and thereafter, another show- cause notice regarding the proposed penalty was issued to him, After considering his reply to the show-cause notice, the penalty Of Stoppage of two increments with cumulative effect was imposed. The appellant representedbefore the Management that since no enquiry was held against him, major penalty of stoppage of two increments with cumulative effect could not be a imposed. The matter was again considered by the Management and a minor penalty of stoppage of two increments simpliciter was imposed. The appellant challenged the order of punishment by way of a civil suit. The trial court dismissed the suit primarily on the ground that the Bank being a cooperative society, no suit was competent. The lower appellate court reversed the findings of the trial court and remanded the case back for trial on merits. Second appeal filed by the Bank was allowed by the High court and it was held that no suit was competent against the Bank. This appeal by way of special leave is against the judgment of the High court.