LAWS(MPH)-2000-6-39

BIHARILAL Vs. DISTRICT CO OP CENTRAL BANK SATNA

Decided On June 24, 2000
BIHARILAL Appellant
V/S
District Co Op Central Bank Satna Respondents

JUDGEMENT

(1.) PARTIES heard. Petitioner has filed this revision petition under section 77( 14) of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act, under the following circumstances :

(2.) ACCORDING to the petitioner his date of birth is 27.6.42 and as such he was due to retire on superannuation on attaining the age of 58 years on 30.6.2000. But in his service book non-applicant has mentioned his date of birth as 27.6.40 and has retired him on 30.6.98 on attaining age of 58 years. Petitioner challenged this order by filing a dispute before the Asstt. Registrar, Satna. In the dispute case the respondents have not filed the service book of the petitioner despite orders. After his retirement the respondents have also not paid his retiral benefits like gratuity, GPF, payment of GIS, pension, besides his two months salary and TA bills, etc. Dispute case before the Asstt. Registrar is also being delayed. Petitioner has, therefore, prayed to direct non-applicants to pay his retiral benefits and dues with interest and direct the Asstt. Registrar to decide the dispute case expeditiously.

(3.) LEARNED non-applicant counsel contended that no order by any authority has been passed against the petitioner and therefore this revision petition is mis-conceived. Against his retirement the petitioner has already filed the dispute before the Asstt. Registrar and the same is yet to be decided by him. Learned petitioner counsel contended that at present there is no Dy. Registrar at Satna and so also Joint Registrar, Rewa. His case is unnecessarily lingering for want of posting of Presiding Officer. But the petitioner has filed the dispute before the Asstt. Registrar and not before the Dy. Registrar. If the post of Asstt. Registrar is also vacant, which is not the submission of the petitioner, he can make an application to the Registrar for transferring the dispute before any other officer posted in nearby district. In this way at present there is no necessity to pass any order on this part of the prayer of the petitioner. On the other hand in his revision petition the petitioner has made prayer to direct the non-applicant to produce the second copy of his service book before the Asstt. Registrar within 15 days. I fail to understand the delay which is being caused by the non-applicants to produce the service book of the petitioner before the Asstt. Registrar. Same should be produced within one month from the date of this order before Asstt. Registrar, Satna.