SRI. D. NANJUNDAIAH, S/O LATE MADE GOWDA Vs. THE MANAGEMENT OF KARNATAKA STATE APEX BANK LIMITED AND OTHERS

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 23.04.2005, passed by respondent No.2 and the order dated 29.10.2010, passed by the Karnataka Appellate Tribunal (hereinafter referred to as 'the KAT' for short).

(2.) The petitioner claiming to be aggrieved by the order passed by his employer, namely, respondent No.1, had raised a dispute before the Labour Court by invoking the provisions contained in Section 10 (4) (A) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the ID Act'). During the pendency of the said proceedings, the issue that was being agitated in common proceedings was with regard to the appropriate Court that is required to adjudicate the dispute when the employee concerned is an employee of a Co-operative Society/Bank and action is taken by such employer.

(3.) On the aspect relating to the various proceedings wherein a view was taken by this Court and it was ultimately held that in respect of employees' of Co-operative Society/Bank, the proceedings are to be considered under Section 70 of the Karnataka Co-operative Societies Act, 1959 (hereinafter referred to as 'the KCS Act' for short), the same need not be adverted to in detail inasmuch as the same is not a disputed issue in this proceedings inasmuch as the petitioner having accepted the position had subsequently raised the dispute before respondent No.2 by filing his claim under Section 70 of the KCS Act. Since from the original date of the dismissal there was delay in raising the dispute, an application under Section 70-A of the KCS Act was also filed seeking condonation of delay. Respondent No.2 has passed the award against the petitioner by holding that the dispute as raised being after more than 4 1/2 years and there being delay, consideration cannot be made on merits.