Case Note & Summary
The dispute arose from a writ petition filed by the Rashtriya Sakhar Kamgar Union before the High Court of Bombay, which led to an interim order regarding the representation of union members on the Board of Directors of a cooperative society. The Amrutnagar Sahakari S.K. Union, aggrieved by this order, filed a Letters Patent Appeal before the Division Bench of the High Court, which stayed part of the interim order while allowing two nominees from the union to remain on the Board until the writ petition was resolved. The Amrutnagar Sahakari S.K. Union subsequently filed a special leave petition before the Supreme Court challenging the High Court's order. The Supreme Court, upon hearing the parties, noted that according to the relevant provisions of the Act, the representatives of the recognized union were entitled to attend Board meetings and function on the Board of Directors. The Court deemed it appropriate to request the Bombay High Court to expedite the decision on the writ petition within four months. The special leave petitions were disposed of without further directions.
Headnote
A) Cooperative Law - Interim Orders - Clarification of Interim Order - Not applicable - The Supreme Court clarified the interim order of the High Court regarding the representation of union members on the Board of Directors, allowing them to function pending the final decision of the writ petition. The Court directed the High Court to expedite the hearing of the writ petition within four months. Held that the representation of union members is essential until the final decision (Paras 1-4).
Issue of Consideration
Whether the interim order passed by the High Court should be stayed and the representation of union members on the Board of Directors upheld.
Final Decision
The Supreme Court disposed of the special leave petitions and directed the Bombay High Court to expedite the hearing of the writ petition within four months.
Law Points
- Interim orders
- Writ petitions
- Board of Directors
- Cooperative Societies Act
