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1955 Supreme(Bom) 97

M.C.CHAGLA, S.T.DESAI
The Majoor Sahakari Bank Ltd – Appellant
Versus
N. N. Majmudar and Anr – Respondent


Judgment -

1. An interesting and important question under the Co-Operative Societies Act arises on this petition, which has been fully argued both by counsel for the petitioners counsel for the second respondent. The petitioners are a Co-operative Society cluing banking business and are registered under the Co-Operative Societies Act. The second respondent was an employee of petitioners and he came to be dismissed, under circumstances which are not relevant, by the petitioners on 11th November 1953, The second respondent applied to the first Respondent, who is the Judge of the Labour Court at Ahmedabad for re-in-statement of the petitioners and compensation. The Petitioners contended that the first respondent had no jurisdiction to entertain that petition. The learned Judge held against the petitioners. The petitioners went in appeal to the Industrial Court. The Industrial Court held that no appeal lay from that decision and the petitioners have now come before us under Article 227.

2. The question that we have to consider is whether the activity carried on by the petitioners is an activity, which is an industry, to which the Bombay Industrial Relations Act, (Act XI of 1947) applie





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