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1986 Supreme(Ker) 140

MALIMATH, BHASKARAN NAMBIAR
SANKARA WARIYAR – Appellant
Versus
PRESIDENT, NORTH MALABAR DIST. C. S. M. SOCIETY LTD. – Respondent


Judgment :-

1. The appellant was holding office as Manager of the North Malabar District Co-operative Supply and Marketing Society Ltd., Calicut. On the ground that he is guilty of certain misconducts, a penalty of reversion to the post of Inspector was imposed on him some time in the year 1970. The appellant raised a dispute in respect thereof under S.69 of the Co-operative Societies Act, 1969 before the Assistant Registrar who entertained the dispute. An objection was raised on behalf of the Society to the effect that the dispute is not maintainable and the Assistant Registrar has no jurisdiction to entertain this dispute under S.69. The parties were heard and a decision was rendered under S.69 (4) of the Act on the 28th of July, 1976. The Assistant Registrar held that the dispute is one which falls under S.2 (i) of the Act and that it can be adjudicated upon under S.69 of the Act. The Society challenged the decision by way of an appeal before the Kerala Cooperative Tribunal, Trivandrum. The said Tribunal allowed the appeal, set aside the order of the Assistant Registrar and dismissed the dispute holding that the dispute raised is not one which falls under S.2 (i) of the Act and




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