COMMON CADRE COMMITTEE OF HASSAN DISTRICT PRIMARY AGRICULTURAL CO OPERATIVE SOCIETIES Vs. JOINT REGISTRAR OF CO OPERATIVE SOIETIES MYSORE

JUDGEMENT

(1.) This application is by the 2nd respondent to vacate the interim order dated 31-08-2009, staying the operation of the order dated 15-06-2009, Annexure-'A' of the 1st respondent in Dispute No. 113/08-09 under section 70 of the Karnataka Co-operative Societies Act, 1959, (for short, 'the Act').

(2.) Prima facie it is pointed out that the 2nd respondent was appointed on temporary basis by order dated 19-07-1997 of Managing Director of the petitioner, though such power is not invested in him, under the bye-laws or the Karnataka Co-operative Societies Rules, 1960 and therefore, the 2nd respondent is not an employee, appointed in the normal course of recruitment in terms of the Rules.

(3.) According to the petitioner, when the status of the 2nd respondent was under cloud, his promotion to a higher post does not arise. The 1st respondent/Joint Registrar of Co-operative Societies, exercising jurisdiction under section 70 of the Act, without noticing the fact that the 2nd respondent was not appointed in a recruitment to a regular vacancy appears to have been carried away by the fact that the name of the 2nd respondent is found in the seniority list.