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1992 Supreme(Bom) 401

SUJATA V.MANOHAR, B.P.SARAF, S.H.KAPADIA
Shamrao Vithal Co-operative Bank Ltd. & another – Appellant
Versus
Padubidri Pattabhiram Bhat & another – Respondent


JUDGMENT - MRS. MANOHAR SUJATA, J.:—The appellants Shamrao Vithal Co-operative Bank Ltd. are a Multi-State to Co-operative Society. The appellant-society is deemed to have been registered under the Maharashtra Co-operative Societies Act, 1960 as well as the Multi-State Co-operative Societies Act, 1984. The appellants carry on the business of banking. The 1st respondent had filed a petition under Article 226 of the Constitution in this Court challenging the resolution of the appellant-Bank dated 21st of May, 1987 and the consequent termination of his services by the appellant-Bank. A learned Single Judge of this Court, by his judgment and order dated 31st March, 1989, (Padubidri Pattabhiram Bhat v. Shamrao Vithal Co-operative Bank Ltd.)1, reported in 1989(2) Bom.C.R. 500, allowed the petition and ordered reinstatement of the first respondent with back wages as set out in the judgment and order. From this judgment the present appeal was filed by the appellants.

2. One of the questions which the learned Single Judge was called upon to decide was whether the Appellant-Bank was “State” within the meaning of Article 12 of the Constitution and whether the writ petition was maintainable ag




























































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