REKHA MISHRA Vs. JILA SAHKARI KENDRIYA BANK LTD

JUDGEMENT

(1.) CHALLENGING the order dated 28.1.2010, Annexure P-1 passed by M.P. State Co-operative Tribunal, Bhopal refusing to entertain the dispute filed by petitioner and relegating the petitioner to take recourse to the remedy of approaching the Registrar, Co-operative Societies petitioner has filed this writ petition.

(2.) THE petitioner was working in the respondent Bank and it seems that his services have been terminated. Challenging the same petitioner a revision before M.P. State Co-operative Tribunal, Bhopal under section 77(14) of M.P. Cooperative Societies Act, 1960, which was dismissed by the Tribunal as indicated hereinabove.

(3.) IN view of the facts and circumstances of the case petition is allowed, order Annexure P-1 dated 20.2.2013 is quashed and Tribunal is directed to proceed in the matter in accordance with law. Petitioner is granted liberty to file appeal under section 78 of MP. Co-operative Societies, Act, 1960 before the Co-operative Tribunal within a period of one month from today and on the same being done the Tribunal shall deal with the matter on merits and decide the appeal in accordance with law. It is made clear that if on considering the material that may be placed by the petitioner the Tribunal finds that the order impugned can be challenged before any other authority, or any other remedy is available, the Tribunal can consider the same, record reasons and deal the matter in accordance with law. If appeal is maintainable and in case appeal is filed within one month from today, the same shall be entertained on merits and shall not be rejected on the grounds of delay.