RAJENDBA SINGH THAKUR Vs. BOARD OF REVENUE GWALIOR

JUDGEMENT

(1.) Petetioner was employed on daily wages as typist in the respondent-Bank, whose services were terminated after 1/10/1990 (Annexure-A) Petitioner raised a dispute by an application undar Section 55 (2) of the M. P. Co-operative Societies Act 1960 (for short the Act) Bafore the Deputy Registrar, Co-operative Societies, which was dismissed by order 28/9/.991 of which a corv was supplied to the petitioner on 30/10/1991. The petitioner filed an appeal under Section 77 of ths Act on 11/11/1991 with an application for condonation of delay suoported bv an affi lavit stating therein that the petitioner contacted his counsel for filing an aopeal who told him to contact on 2/11/1991, the petitioner received a message that mother is seriously ill, therefore he rushed to Jabalpur and on his return. the appeal was filed on 11/11/1991 a medical certificate of illness of his mother was also filed. The respondent Bank opposed the applicatioa for condonation of delay. The Join' Registrar, Co-operative Societies, dismissed the appeal as barred by time holding that the petitioner ought to have been taken steps for filing the appeal with the period of limitation, hence.no sufficient cause for condonation of delay is made out. Against this order, a second appeal was preferred before the Board of Revenue which was also dismissed, hence, this pettion under Article 223 and 227 of the Constitution of India.

(2.) Shri R. K. Gupta submitted that the sufficient causa is to be construed liberally in the absence of mis-conduct, the approach of the Joint Registrar and she Board of Revenue is erroneous. Not only this order terminating the service of the petitioner is per se void in view of Section 25-F of the Industrial Disputes Act, 1947, as the conditions precedent to termination were not complied with.

(3.) Smt. June Choudhary learned counsel for the respondent Bank supported the order of Joint Registrar, Co-operative Societies and that of the Board of Revenue and submitted that finding of the 'Co-operative Courts is a finding of fact which cannot be interferred under Article 2/7 of the Constitution.