RAJASTHAN STATE CO Vs. H.N. GUPTAS

JUDGEMENT

(1.) This special appeal is directed against the judgment of the Honourable Single Judge dated 28-4-1071.

(2.) The facts of the case which are relevant for the disposal of this special appeal are that the respondent Shri H N. Gupta was appointed as an Inspecting Officer in the services of the Rajasthan State Co-operative Bank Ltd. (hereinafter referred to as the Bank) on probation for six months in the first instance. The terms of appointment are stated in the order dated 29-3-1963, Annexure I, which provided, inter alia, that on the expiry of period of probation he would be confirmed in the Bank service if his work was found to be satisfactory. Shri H. N. Gupta took over the charge as Inspecting Officer of the Bank on 30-3-1963. The President of the Bank by his decision Annexure 4 dated 23-9-1963 terminated the services of Shri Gupta on the expiry of the period of probation. The General Manager of the Bank issued order dated 26-9-1963, Annexure 3, terminating the services of Shri Gupta from the forenoon of 30-9-1963. The Executive Engineer of the Bank confirmed this action in its meeting of 23rd Nov., 1963.

(3.) Shri Gupta feeling aggrieved against the order of termination of his services submitted an application Annexure 5 dated 31-12-1963, to the Registrar of the Co-operative Societies (hereinafter referred to as the Registrar) praying for a settlement of the dispute by arbitration Vide Annexure 6 dated 20-5-1964, the dispute was admitted for hearing under , and the parties were called to intimate whether they wanted the dispute to be decided by the Registrar or his nominee or a Board of Arbitrators. It was also mentioned that in case the parties wanted the matter to be decided by a Board of Arbitrators, then each party should nominate their one representative on the Board of Arbitrators. The Bank, however, raised an objection vide their reply, Annexure 7, dated 2-6-1964 on the ground that there was no dispute at all between Shri Gupta and the Bank 'touching the business 'of the Bank'. The Registrar over-ruled this objection vide Annexure 8, dated 2-7-1964, and held that the dispute had already been admitted under Sec. 61 of the Old Act as it related to the Bank's business. The Bank appointed Shri J C. Sayal, the Deputy Manager of the Bank, as its representative, while Shri Gupta nominated Shri Banwari Swaroop. On behalf of the Department Shri Shrikrishna Mathur was appointed as Chairman of the Board of Arbitrators.