Sudhakar S/O Vyankatesh Dhole vs The Maharashtra State ...
2021 Latest Caselaw 16123 Bom

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                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     NAGPUR BENCH AT NAGPUR

                      WRIT PETITION NO. 1332/2021
                        Sudhakar Vyankataesh Dhole
                                  ...Versus...
    The Mah. State Co.Op Agricultural and Rural Development Bank Ltd and
                                     others
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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                            Mr. N.L.Jaiswal, Advocate for petitioner


                                                                         CORAM : AVINASH G. GHAROTE, J.

DATE : 22/11/2021

Heard Mr. Jaiswal, learned counsel for the petitioner. It is the contention that though the learned Labour Court had by the judgment dated 13.12.2013 quashed the order of termination dated 9-23/3/1994 and denied continuity and back-wages on the ground that the society was in liquidation, relying upon Sadashiv K Sutar vrs. Kolhapaur Zilla Janta Sahakari Bank Ltd., 2004 (2) ALL MR 115, the learned Labour Court ought not to have remanded the matter for fresh adjudication on the question of non-compliance of Section 107 of the Maharashtra Co-Operative Societies Act and ought to have decided the question itself, for which reliance is placed on Nagpur Winkar Sahkari Soot Girni Maryadit vrs. Rashtriya Mill Mazdoor Sangh and ors 2009 (4) ALL MR 394, which holds that permission under Section 107 of the MCS Act is for administrative reasons and not to defeat the legal right of any body. He submits that the petitioner has already wp1332.21.odt

superannuated in 2001 and therefore, the issue could have been decided by the learned Labour Court itself.

Issue notice to respondents returnable in two week.

Petitioner to serve the respondents by all modes permissible in law including e-mail and WhatsAPP.

The petitioner shall move an appropriate application before the Labour Court for grant of an adjournment, which shall be considered appropriately by the learned Court, considering that the Court has issued notice on the above issue.

JUDGE

rvjalit

Digitally sign byRAJESH VASANTRAO JALIT Location:

Signing Date:22.11.2021 14:46