BANK EMPLOYEES Vs. JAGDISH

JUDGEMENT

(1.) BEING aggrieved of the orders of the Joint Registrar, Cooperative Societies, Indore dated 27.10.99 the appellant has preferred this second appeal under the following circumstances:

(2.) APPELLANT is a registered Cooperative Society. Respondent No. 1 was its member. On his retirement from the services of the State Bank of Indore the appellant society informed the respondent No. 1 by its letter dated 26.12.92 thereby terminating his membership from the appellant society. Appellant challenged the validity of this order by filing a dispute under section 64 of the M.P. Cooperative Societies Act, for short hereinafter referred to as Act, before the Dy. Registrar, Indore, being dispute case No. 120/93. Respondent No. 1 did not produce any oral evidence before the Dy. Registrar and had filed his document on the record of Dy. Registrar, Indore. As per order dated 1.2.93 the Dy. Registrar dismissed the dispute case against which appeal was preferred before the Joint Registrar, Indore and the same has been allowed as per his impugned order mentioned above. Second appeal has been preferred by the appellant, against the impugned orders passed by the Joint Registrar on the ground that the impugned order is illegal and contrary to law. Interpretation of Byelaws done by the Joint Registrar is erroneous and illegal.

(3.) COPY of the Byelaws of the appellant society are only record. As per aim and object of the Byelaws the appellant society was established for the welfare of the employees of the State Bank of Indore and also the employees of the appellant society. Byelaw No. 4(6) contains a provision about membership. Byelaws No. 4(6) (A) provides that only permanent employees of the State Bank of Indore and the employees of the appellant society can be made members subject to other conditions mentioned in other clauses of this byelaw. Byelaws 7(6) relates to termination of membership. It provides among other things that the membership will come to an end on the basis of removal from the permanent service of the State Bank of Indore and/or of the appellant society. Interpretation of this clause has given rise to this appeal. Byelaws are in Hindi and this sub-clause reads in Hindi as under : ...[VERNACULAR TEXT OMMITED]...