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2001 Supreme(Kar) 549

A.V.SRINIVASA REDDY, G.C.BHARUKA
RAJAJINAGAR CO-OPERATIVE BANK LIMITED, BANGALORE – Appellant
Versus
PRESIDING OFFICER, BANGALORE – Respondent


Advocates:
K.Subba Rao, N.S.Sanjay Gowda

G. C. BHARUKA, A. C. J.

( 1 ) THE appellant is a Co-operative Bank within the meaning of clause (b) of Section 2 of the Karnataka Co-operative Societies Act, 1959 (in short, "the Co-operative Act" ). The power of the appellant to create the strength of its establishment, eligibility for appointments, the procedure to be followed for the same and the conditions of service of its officials and employees are governed by Rules 17 and 18 of the Karnataka Co-operative Societies Rules, 1960 (in short, "the Co-operative Rules" ). It is not in serious dispute that tile respondent- Smt. B. Shantha was given appointment by the appellant-Society on the post of Accounts clerk in violation of eligibility criteria pertaining to age limit and therefore as being required by the authorities under the Act, after giving due notice and sufficient time, her service came to be terminated by a memo dated January 14, 1988.

( 2 ) THE respondent questioned the validity of the above termination before the Labour court by filing an application under sub-section (4-A) of Section 10 of the Industrial Disputes act, 1947 (in short, "the I. D. Act") as inserted by the Karnataka Amendment Act 36 of 1964. The Tribuna



























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