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1961 Supreme(Bom) 34

N.A.MODY, V.M.TARKUNDE, H.K.CHAINANI
Farkhundali Nannhay – Appellant
Versus
V. B. Potdar and Anr – Respondent


JUDGMENT - Chainani, C.J.

(1) The petitioner was employed by the second respondent, which is a co-operative society registered under the Bombay Co-operative Societies Act, 1925. The petitioner made four applications to the Payment of Wages Authority for recovery of wages, retrenchment compensation and leave wags from the second respondent. It was contended by the second respondent before the Authority that it had no jurisdiction to entertain and try the applications made by the petitioner and that the only tribunal which was competent to try and decide the matters in dispute was the Registrar under S. 54 of the Co-operative Societies Act. This contention was accepted by the Payment of Wages Authority, which accordingly dismissed the four applications made by the petitioner. The petitioner the filed a special civil application before this Court, in which he contended that the view taken by the Authority was erroneous. The Division Bench, before which the application came up for hearing, has referred the matter to us for decision.

(2) Section 54 of the Bombay Co-operative Societies Act provides that when a dispute touching the business of a socity arises between members or past members


























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