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1989 Supreme(Bom) 91

G.H.GUTTAL
Padubidri Pattabhiram Bhat – Appellant
Versus
Shamrao Vithal Co-operative Bank Limited & others – Respondent


Judgment

G.H. GUTTAL, J.:---The petitioner was the General Manager and Chief Executive of the Shamrao Vithal Co-operative Bank Ltd., the Respondent No. 1 Respondents Nos. 2 and 3 are, respectively, the Chairman and Vice-Chairman of the said Bank. In this Judgment, the Respondent No. 1 shall, hereinafter, be referred to as "the Bank". The petitioner impugns the validity of Clause 4 of the Contract of Service dated 19th November, 1984, and the Resolution of the Board of Directors dated 21st May, 1987, whereby his employment was terminated in accordance with the terms of the contract.

I. The Questions

2. Is a Co-operative Bank, registered under the Multi-State Co-operative Societies Act, 1984, an Act of the Parliament, "State" as defined in Article 12 of the Constitution of India? The Bank urges that it is not. This is one of the questions arising in this petition.

3. The petitioner was appointed as Additional General Manager on 19th May, 1984. He was promoted to the Office of the General Manager and Chief Executive on 6th September, 1984. The Multi-State Co-operative Societies Act, hereinafter referred to as "the Act" came into force on 18th August, 1984. By virtue of section 103(1) of t














































































































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