RAJASTHAN CO-OPERATIVE DAIRY Vs. PRASAN KUMAR

JUDGEMENT

(1.) THIS revision petition is directed against the order passed by the learned Munsif and Judicial Magistrate, Bikaner, dated March 9, 1989. whereby he has over -ruled the objection of the respondents that by virtue of Section 75 read with Section 137 and 143 of the Rajasthan Cooperatives Act, 1965 (here in after referred to as 'the Act), a civil court has no jurisdiction to entertain the present dispute.

(2.) THE brief facts giving raise to this petition are that the petitioner filed a civil suit challenging the order of the management of transferring the petitioner back to the Government of Rajasthan by the order dated March 2, 1976 It is this order which has been challenged in the civil court and in these proceedings the aforesaid objection was raised that the civil court has no jurisdiction to entertain the dispute.

(3.) THE contention of Mr. Parihar, does not appear to be well founded. The Hon'ble Supreme Court in the Gujarat State Co -operative Land Development Bank Ltd v. P.R. Manked and another AIR 1976 SC 1203 had the occasion to examine this aspect and has taken the view that the expression 'management' does not include the disciplinary proceedings or any dispute between the management and the employee. This was followed by this court in Bhilwara Sahkari Upbhokta Wholesale Bhandar Ltd. v. Prescribed Authority and Anr. 1982 RLR 927 wherein Hon'ble Agrawal, J. following the aforesaid judgment of the Supreme Court in Gujarat State Co -operative Land Development Bank's case s(supra) has held that Section 75 does not debar the jurisdiction of the civil court to entertain such disputes, While dealing with this aspect in para 13 of the judgment Hon'ble Agarwal, J. quoted from Gujarat State Cooperative Land Development Bank's case (supra) which reads as under: