KULDIP RAJ Vs. CITIZEN CO-OPERATIVE BANK LTD

JUDGEMENT

(1.) IN this 2nd appeal substantial question of law which has been formulated is whether the jurisdiction of the Civil Court is ousted when the dispute revolves around the termination of the services of an employee of a Cooperative Bank by virtue of the provisions of Section 63 of the Co -operative Societies Act, 1960 (herein after to be referred as Act). The learned counsel for the respondents had raised a preliminary objection for the maintainability of this appeal by asserting that the jurisdiction of the Civil Court is ousted by virtue of SRO 233 dated 8 -7 -1988. The said rule according to him is the statutory rule framed by the Govt. by virtue of the provisions of Sec. 124(2) of the Act.

(2.) IN order to buttress his arguments, the learned counsel has referred to Rule -1 (2) which provides that "they shall be applicable to all societies which are at present functioning or which will be created."

(3.) THAT Rule 24 deals with service record. Sub -Rule(2) of Rule -24 envisages that when an employee is transferred to another Society, his Service Book shall be sent to that society to which the employee is transferred and not made over to him nor shall it be given to him when proceeding on leave. There is an explanation appended to this rule which states that the terms "other societies" means Cooperative Societies, Co -opeative Industrial Societies, Co -operative Bank and the like". Under Rule 19 various punishments are provided which can be imposed on an employee of a Co -operative Society which includes termination of service and rule 21 lays down that an appeal against such an order imposing penalty shall lie before the Joint Registrar or the Registrar within 30 days from the date of the passing of the order. Thus under Rule 21 the appeal in this case could lie before the Joint Registrar or the Registrar within the period specified therein and when the suit was filed before the Civil Court, it had no jurisdiction.