Case Note & Summary
The petitioner, Pundalik Ishwar Manwadkar, was employed as a Labour Officer with Respondent No.3, Daulat Shetkari Sahakari Sakhar Karkhana Ltd., a sugar factory registered as a multi-state co-operative society under the Multi-State Co-operative Societies Act, 1984. He joined service on 19th September 1977. On 16th October 2000, a charge sheet was issued to him alleging unauthorized absence, disobedience of instructions to remain present in court, and insubordination. The petitioner denied the allegations. An inquiry was conducted, which the petitioner claimed violated principles of natural justice. The Inquiry Officer found the petitioner guilty, and the factory accepted the report and removed him from service. The petitioner then approached the Commissioner of Sugar and Central Registrar under the Act, but the Registrar declined to entertain the dispute. The petitioner filed a writ petition in the Bombay High Court challenging the termination and seeking reinstatement. The core legal issue was whether a dispute regarding termination of an employee of a multi-state co-operative society is maintainable under Section 84 of the Multi-State Co-operative Societies Act, 1984. The petitioner argued that the dispute fell within the ambit of Section 84 as it touched the business of the society. The respondents contended that Section 84 only covers disputes relating to the constitution, management, or business of the society, and an individual service dispute is not covered. The court analyzed Section 84 and held that the provision is limited to disputes touching the constitution, management, or business of the society. An individual dispute regarding termination of service does not fall within this scope. The court noted that the petitioner had alternative remedies available under industrial law. Consequently, the writ petition was dismissed as not maintainable, but the court clarified that the petitioner could pursue other remedies available to him.
Headnote
A) Co-operative Law - Jurisdiction of Registrar - Individual Dispute - Section 84 Multi-State Co-operative Societies Act, 1984 - The question was whether a dispute regarding termination of an employee of a multi-state co-operative society is maintainable under Section 84 of the Act. The Court held that Section 84 only covers disputes touching the constitution, management, or business of the society, and an individual service dispute does not fall within its ambit. The petition was dismissed as not maintainable. (Paras 1-5)
Issue of Consideration
Whether a Labour Officer employed in a Sugar Factory can approach the Commissioner of Sugar and Central Registrar appointed under the Multi-State Co-operative Societies Act, 1984 in respect of the termination of his services.
Final Decision
The writ petition is dismissed as not maintainable. However, the petitioner is at liberty to pursue other remedies available to him under the law.
Law Points
- Multi-State Co-operative Societies Act
- 1984
- Section 84
- Jurisdiction of Registrar
- Individual dispute
- Service matter
- Maintainability
