SALENDRA NARAIN SINGH Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the validity of annexure 1. Annexuri 1 contais an order passed by the Presiding Officer, Labour Court, Muzaffarpur, under section 26 (5) of the Bihar Shops and Ertablishment Act, 1953 ( Bihar Act 8 of 1954 ) ( hereinafter referred to as ' the Act.' )

(2.) Learned Counsel for the petitioner attacks the validity of the impugned order on the ground that the Labour Court bad no jurisdictiction to entertain the complaint under section 26 (2) of the Act. In this connection, he refers to the provisions of the Bihar and Orissa Co-operative Societies Act, 1935 ( hereinaftet referred to ". as the Bihar Co-operative Societies Act ") and the rules made there-under. Under section 66 of the Bihar Co-operative Societies Act, the Bihar Co-operaties Rules 1959 (hereinafter referred to as ' the Rules ') have been framed, A reference was made to rule 33 of the Rules which runs as follow :

(3.) Under rale 33 (1) of the Rules, the Registrar shall determine the appointment, removal or dismissal etc. of any employee in any registered society under the provisions of the Co-operative Societies, Act. If any registered society is aggrieved by any order passed under rule 33 (1) of the Rules, such registered society can prefer an appeal against the order passed under rule 33 (1) to the State Govarnment. Learned Counsel for the petitioner failed to point out any provision in the Act or the Rules made thereunder to suggest that an aggrieved employee can agitate against the dismissal 01 removal order before any authority under the provisions of the Bihar Co-operative Societies Act or the rales framed thereunder. Sec. 48 of the Bihar Co-operative Societies Act provides that the Registrar shall decide any dispute touching the business of a registered Society (oher than a dispute regarding disciplinary action taken by the society or its managing committee against a paid servent of society). It is, therefore, cleat that under Section 48 (1), the servant of a society cannot file an application for setting aside the order of dismissal or suspension passed agaigst him as such disputes are barred by the provisions of sec. 48 (1) of the Act. It is, therefore, clear that there is no provision in the Bihar Co-operative Societies Act or in the rales framed thereunder to redress the grievance of a dismissed employee of any registered co-operative society.