THE DISTRICT CO Vs. YASHWANT SINGH RUHELA

JUDGEMENT

(1.) The petitioner in this petition under Art. 227 of the Constitution of India challenges the order dated 27-1-85 passed by the Board of Revenue (Annexure-C) in the appeal under section 77 of the M. P. Co-operative Societies Act, 1960 whereby the Board of Revenue has allowed the appeal of the respondent No. 1 and has upheld the order of the Dy. Registrar dated 13-3-1978 (Annexure-A) whereby the respondent No. 1 was directed to be reinstated in service. The Board of Revenue set aside the order of the Joint Registrar dated 31-3-82 (Annexure-B) whereby the relief was denied to the respondent No. 1 by the Joint Registrar on the ground that the dispute filed by him under section 55(2) of the Act was barred by limitation prescribed in sub-section (2) thereof.

(2.) The only relevant facts are that the respondent No. 1 as an employee of the petitioner-bank was dismissed from the post of Supervisor on 29-10-1969 after holding a disciplinary enquiry against him. On the same charges, a criminal case was also instituted against the respondent No. 1. On 27-8-1974, he was acquitted by the Court of Session, Narsinghpur in appeal.

(3.) After the decision of the Criminal case in his favour, the respondent No. 1 filed a dispute under section 55(1) of the Act before the Dy. Registrar on 5-1-1977, claiming reinstatement in service with full monetary benefits as a result of his acquittal. The Dy. Registrar granted relief to the respondent No. 1 of reinstatement with future salary. The Joint Registrar set aside that order, holding that the dispute filed by the respondent No. 1 on 5-1-1977 was barred by limitation under the first proviso to sub-section (2) of section 55 of the Act, which was introduced by Ordinance which later became Amendment Act No. 14 of 1976 with effect from 5-12-1975. Under sub-section (2) of section 55 of the Act, the limitation prescribed for raising a dispute under section 55(1) of the Act is 30 days from the date of the order complained of. According to the Joint Registrar, the dispute filed on 5-1-1977 was clearly beyond 30 days from the date of dismissal for service of the respondent No. 1 in the year 1969 as also from the date of order of his acquittal by the Criminal Court in the year 1974. The Board of Revenue, in the appeal preferred by the respondent No. 1, however, came to the conclusion that on the date he was dismissed from service, in the year 1969 or the date on which he was acquitted by the Criminal Court in the year 1974, under the unamended provisions of section 55, as it existed then, there was no period of limitation prescribed and hence the dispute was filed by the respondent No. 1 under section 55(1) of the Act could not have been rejected on the ground of limitation. It is against the aforesaid decision of the Board of Revenue that the present petition has been filed by the petitioner bank as an employer.