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1982 Supreme(Kar) 49

Karnataka High Court
SAGGIAH - Appellant
Versus
TUMKUR DIST.CO-OP.CEN.BANK LTD - Respondent
Decided On : 02-12-82
R.S.A. : 769 of 1978

Advocates:
B.C.PRABHAKAR, B.M.KRISHNA BHAT, K.P.ASHOK KUMAR, K.S.Savanur

An amendment changing the jurisdiction of a Court does not affect pending actions unless clearly expressed by the Legislature in the statute.

Headnote:

Jurisdiction - Co-operative Societies Act - S. 70(2)(d) - Summary

Fact of the Case:

The plaintiffs, former employees of a bank, filed suits against the bank for arbitrary and illegal termination of their services. The trial court decreed in favor of the plaintiffs, but the Civil Judge reversed the judgments, holding that the Civil Court had no jurisdiction to entertain the suits due to the amendment to S. 70 of the Karnataka Co-operative Societies Act, 1959.

Finding of the Court:

The Court found that the amendment to S. 70(2)(d) did not take away the jurisdiction of the Civil Court in pending suits, as the amendment did not clearly express an intention to affect pending proceedings.

Issues: The main issue was whether the amendment to S. 70(2)(d) of the Co-operative Societies Act, 1959, took away the jurisdiction of the Civil Court in pending suits.

Ratio Decidendi: The Court held that an amendment changing the jurisdiction of a Court would not affect pending actions unless clearly expressed by the Legislature in the statute.

Final Decision: The Court allowed the appeals, set aside the judgments and decrees passed by the Civil Judge, and sustained and restored the decrees passed by the trial Court in the three suits.

G. N. SABHAHIT, J.

( 1 ) THESE three appeals are by the original plaintiffs and they are directed against the judgment and decrees passed by the Principal Civil Judge, Tumkur, in RA Nos. 107, 153 and 152 of 1976 respectively, allowing the appeals on reversing the judgments and decrees passed by the Prl. Mutrsiff, Tumkur. in O S. Nos. 181, 324 and 335 of 1973, decreeing the suits of the plaintiffs for declaration that the order of termination pasted against the plaintiffs in each case was void and for consequential relief.

( 2 ) THE plaintiffs were employees under defendant No. 1 Bank. It is their case that their services were terminated arbitrarily and illegally and as such the said termination order was void. Therefore, they instituted suits praying for declaration that the order passed by the first defendant terminating their services in each case was void and for consequential relief. The suit was resisted by the defendants. They contended, inter alia that the Civil Court had no jurisdiction to entertain the suit. The trial Court raised similar issues in the three suits as follows :- (1) Whether the plaintiff proves that he was dismissed by an order dated 27-10 1971 from service without holding any enquiry and without giving him any opportunity as contemplated under Rule 18 of the Mysore Co-operative Societies Rules, 1960 ? (2) Whether he further proves that the order dated 27-10-1971 terminating his services is null and void ? (3) Whether defendants 1 and 2 prove that the suit is not cognizable by a Civil court and that this Court has no jurisdiction to deal or decide the dispute as contended in para 10 of the written statement ? * (4) Whether the suit brought is not maintainable as contended in para 11 of the written statements ? (5) Whether defendants 1 and 2 prove that the service of the plaintiff has been validly terminated as contended in para 9 of their written statement ? (6) Whether plaintiff has no cause of action for this suit ? (7) Whether pliantiff is entitled to the declaration sought ? (8) Whether the plaintiff is entitled to the mandatory injunction sought ? (9) What relief and what Worder ?

( 3 ) THE trial Court, appreciating the evidence on record, answered all the material issues in favour of the plaintiffs and in that view it decreed the suit of the plaintiff in each case. Aggrievd by the said judgments and decrees, defendants 1 and 2 went up in appeal before the learned Civil judge, Tumkur, as stated above, and the learned Civil Judge, reassessing the evidence on record, came 10 the conclusion that the Civil Court has no jurisdiction to entertain the suits and in that view, he allowed the three appeals, reversing the judgments and decrees of the trial Court in the three suits and directed that the plaint in each case shall be returned to the plaintiff for presentation to the proper forum. Aggrieved by the said judgments and decrees, the plaintiffs in the three suits have come up with the above three appeals before this Court.

( 4 ) THE learned Counsel appearing for the appellants in the three appeals strenuously urged before me that the learned civil Judge was not justified in coming to the conclusion that the Civil Court could not proceed with the hearing of the suits, since it had lost jurisdiction in view of the amendment to S. 70 of the Karnataka co operative Societies Act, 1959, by inserting clause (d) in sub sec. (2) of S. 70 of the Act. As against that, the learned counsel appearing for the respondents in the three appeals argued supporting the judgments and decrees of the learned Civil judge.

( 5 ) SINCE the same question of law is involved in all the three appealls, they are heard together and a common judgment is being pronounced.

( 6 ) THE sole point that arises for my consideration in the three appeals is, whether the learned Civil Judge was justified in coming to the conclusion that the suits could not be heard by the trial Court in view of the insertion of clause (d) to s. 70 (2) of the Co-o













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