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1974 Supreme(Pat) 166

N.L.UNTWALIA, K.B.N.SINGH, S.K.JHA
Tisco Oriya Co-operative Credit Society Ltd. – Appellant
Versus
Assistant Registrar, Co Operative Society, Jamshedpur Circle – Respondent


Judgment

UNTWALIA, J.

1. The petitioner in this writ application is a Co-operative Society registered under the Bihar and Orissa Co-operative Societies Act, 1935 (hereinafter called the Act), Respondent No. 2 was its employee. His services were dispensed with by an order of termination communicated to him by the Chairman of the Society on 4-4-1972. A copy of the communication is Annexure 1 to the writ application. Respondent No. 2 took up the matter in reference under Sec. 48 of the Act to the Assistant Registrar, Co-operative Society, by his application dated 1-5-1972 (Annexure 2). His prayer was that since his services had been terminated without a show cause, without any rhyme or reason and arbitrarily, he was entitled to be reinstated with back wages. A notice of this application was issued to the petitioner, and it filed a show cause on 10-6-1972, a copy of which is Annexure 3. On 7-8-1972 the petitioner filed an application before, the Assistant Registrar (respondent No. 1) taking the stand that the reference under Sec. 48 of the Act was incompetent, beyond the scope of the said provision and hence beyond the jurisdiction of the Assistant Registrar. It asked him to decide this
























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