LAWS(BOM)-2011-4-38

ARIF MOHD GHASSWALA Vs. R V IYER

Decided On April 15, 2011
ARIF MOHD. GHASSWALA Appellant
V/S
R. V. IYER Respondents

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) By this Writ petition under Article 226 of the Constitution of India, order passed by the General Manager of Memon Co-op. Bank Ltd., dated 18-12-2010 (Exhibit-M), dismissing the petitioner from service is under challenge. The petitioner prays that the same be set aside and the petitioner be reinstated with full backwages and attendant benefits on or from 18-12-2010 in the original post. Consequential reliefs have also been prayed in this petition.

(3.) Learned Counsel for respondent Nos. 1 and 2 has raised preliminary objection regarding maintainability of this petition. He has placed reliance on the decision of the Apex Court in the case of Federal Bank Ltd. vs. Sagar Thomas and ors., 2003 3 CurLR 801 to contend that no writ can be issued against the co-operative society. Going by this decision, the petition will have to be dismissed with liberty to the petitioner to pursue such other remedy as may be permissible in law.