DAMODAR PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE instant intra court appeal arises from the order dated 21.09.2010 passed by the learned Single Bench in W.P. No. 546/2003 (Zila Sahakari Kendriya Bank Maryadit, Bilaspur v. State of Chhattisgarh & Others) whereunder, the writ petition filed by the respondent No. 4/Bank (for short 'the Bank') was allowed and the impugned order dated 22.11.2002 passed by the Joint Registrar (for short 'the JR') to the extent of grant of back wages, was set aside.

(2.) THE facts, in brief, are that the appellant (hereinafter referred to as 'the employee') while working as Samiti Sewak in the Bank was terminated vide order dated 11.01.1993 on the ground of misappropriation of funds to the tune of Rs. 67,254.67. The dispute in respect of the termination order was referred to the Deputy Registrar (for short 'the DR') by the employee under the provisions of section 55(2) of the M.P./C.G. Cooperative Societies Act, 1960 (for short 'the Act, 1960'). The DR, by order dated 12.02.1999 (Annexure P/9 to the writ petition) held that the employee was not afforded proper opportunity of hearing to put forward his case and as such, the order of termination was bad, being contrary to the provisions of law. The DR directed reinstatement of the employee without back-wages.

(3.) SHRI Rajendra Patel, learned counsel appearing for the employee would submit that the order passed by the learned Single Judge is bad as there was no reason to set aside the order of grant of back-wages passed by the JR. There is no dispute in respect of the fact that the employee had not preferred any appeal against the order passed by the DR, denying grant of back-wages to the employee.