KUNNIMELLIHALLII DODDA PRAMANAND PRATHAMI PATTIN VYAVASAYA SAHAKARI SANGH LTD Vs. SHIVAPPA GUDDAPPA SURAD

JUDGEMENT

(1.) This Civil Revision Petition directed against the finding on issue No.5 in a suit instituted by the respondent against the petitioner-co-operative society has been referred to a Division Bench, because a Bench ruling of this Court in Surathkal Co-operative Town Bank Ltd. v. E.Padmanabhayya, (1967) 2 Mys.L.J. 503, appears to be in conflict with the view expressed bv the Supreme Court in two subsenuent decisions in Deccan Merchants Co-oprative Bank Ltd. v. Dalichand Jugrai Jain. AIR 1969 SC 1320 and Co-operative Central Bank Ltd v. Addl. Industrial Tribunal, AIR 1970 SC 245 .

(2.) The respondent was the Secretary of the Society and had been dismissed, and the sut is in relation to the said dismissal.

(3.) The defence of the Societv was that the suit was beyond the jurisdiction of a Civil Court because it was a dispute fallng within the scope of S.70 of the Mysore Co-operative Societies, Act, being a dispute touching either the constitution, management or business of the Co-operative Society between a Society and a past employee of the Society.