RAILWAY SHRAMIK SAHAKARI BANK Vs. BHAGWAN DAS SWAMI

JUDGEMENT

(1.) THE present revision petition arises out the order of the Chief Judicial Magistrate, Bikaner dated 1.5.1997 whereby he has decided a preliminary objection regarding jurisdiction.

(2.) THE petitioner Bank is a Cooperative Society registered under the Multi State Cooperative Societies Act, 1984 (referred to hereinafter as 'the Act'. The plaintiff -non -petitioners filed a suit for declaration and injunction alleging inter alia that they were working as employees of the petitioner Bank on the post of Supervisors and they are its employees. The plaintiffs claimed that the pay, allowances, increments, promotion etc. to the employees are given similar to the Railway employees. It is alleged that as per the IVth Pay Commission's Report which was adopted by the Board of Directors of the Bank, the senior most Upper Division Clerk was entitled to Special Pay of Rs. 70/ -. The Board of Directors vide their resolution passed in the Meeting held on 30.7.1996 had ordered that Special Pay, which is being paid to these employees that should be merged with their original pay and accordingly their pay may be fixed and arrears may be paid. The plaintiffs further alleged that though this resolution was duly executed even in January February, 1997 but subsequently on 21.3.1997 On order was issued to keep this decision in abeyance and accordingly the Personnel Department of the Bank was instructed not to execute the order further. It is against this order, the plaintiffs have filed the suit for declaring it invalid and it is prayed that the defendants be restrained from executing the order, dated 21.3.1997. The plaintiffs have also moved an application for interim injunction.

(3.) LEARNED counsel for the petitioners submitted that the approach of the trial court was incorrect. According to Section 24 of the Act clearly lays down that as and when there that dispute between the employees of the Multi State Cooperative Society and the management of the Cooperative Society relating to constitution, management and business of the society, the matter shall be referred to the Registrar under Section 74(1) of the Act. Learned counsel for the petitioners has placed reliance on the provisions of Section 74 of the Act. Any dispute required to be referred under Section 74 of the Act to the Registrar is not liable to be taken note of by a civil court as no court shall have jurisdiction in respect of such matters as provided under Section 105 of the Act.