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1984 Supreme(SC) 277

D. A. DESAI, M. P. THAKKAR, Y. V. CHANDRACHUD
Gwalior District Co Operative Central Bank LTD. , Gwalior – Appellant
Versus
Ramesh Chandra Mangal – Respondent


Advocates:
ASHOK MAHAJAN, MEHFUZ KHAN, R.D.Jain, S.K.Gambhir, S.N.KACKAR, S.S.Khanduja, T.U.Mehta, Yashpal Dhingra

Judgment

Y.V. CHANDRACHUD, CJI.:- Respondent I was appointed as an Agent of the appellant-Bank, which is a co-operative society registered under and governed by the provisions of the Madhya Pradesh Co-operative, Societies Act, 1960. By an order dated June 5, 1968 passed by one S. P. Jain, the services of respondent 1 were terminated on the ground that he had over-stayed the leave granted to him.

2. Aggrieved by that order, respondent 1 raised a dispute under S. 55(2) of the Act, before the Registrar of the Co-operative Societies. The Registrar referred the matter to the Deputy Registrar, who by an order dated Feb. 27, 1972, allowed the claim of respondent I on the ground that the order terminating the services was not in accordance with Rules 44 and 45 of the Co-6perative Bank Employees Service Rules. He also ordered the reinstatement of respondent 1 with full back salary and allowance. In an appeal filed by the Bank, the Addl. Registrar took the view that the only remedy which was open to respondent I was to claim damages for wrongful termination of his services and that, therefore, he could not be reinstated in service. Respondent I then filed an appeal before the Board of Revenue







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