RAJASTHAN HIGH COURT
A.M.Kapadia, Deo Narayan Thanvi, JJ.
Vijay Kumar Sharma - Appellant
Versus
Jodhpur Nagrik Sahkari Bank Ltd. - Respondent
D.B. Civil Spl. Appeal (Writ) No. 962 of 2008.
Decided On : 19-11-2009
(a) Rajasthan Co – operative Societies Act, 1965 – S. 128, (since repealed) – Rajasthan Co – operative Societies Act, 2002 – S. 107 – In this case the issue was whether rejection of contention of lack of jurisdiction and thereafter continuing with the matter in issue amounts to an interlocutory order or final adjudication of the matter? – in this case an employee of the co – operative bank was dismissed from his services – the said order of dismissal was challenged on account of the lack of jurisdiction of the authority before whom the matter in issue was heard – the said contention of the employee was rejected by the court and it was held that such order rejection and subsequent hearing of the matter amounts to finality of the issue and not an interlocutory order.
(b) Civil Procedure Code, 1908 – S. 11 – Rajasthan Co – operative Societies Act, 1965, (since repealed) – S. 128 – Rajasthan Co – operative Societies Act, 2002 – S. 107 – The present matter relates to the principal of constructive res judicata – in this case services of a co – operative bank employee were dismissed – he filed writ petition challenging the same which was disposed of without any relief to the aggrieved employee – It was held that Co – operative bank has its own set of rules for its employees – thus there has been no adjudication upon the matter yet – hence employee is not barred by the principal of the constructive res judicata to file second writ petition and the same is validly tenable.
(c) Rajasthan Co – operative Societies Act, 1965 – S. 128, (since repealed) – Rajasthan Co – operative Societies Act, 2002 – S. 107 – Urban Co – operative Bank Employees Services Rules, 1987, Rule 2 – Urban Co – operative Bank Employees Service Rules, 2006, Rule 3 – The matter relates to the dismissal of services of the Co – operative bank employee – it was held that Minister – In – charge, Department of Co – operative Societies of the State has no power to entertain revision petition of such employee under – S. 107 of Act of 2001 – As the right of appeal is available to such aggrieved employee under the separate Service Rules of 1987 and 2006 – provided the matter concerning his services has been disposed of by the Competent quasi judicial authority.
"Both these Writ Petitions involve identical controversy were listed in the Court for admission on 03.11.2004, on which date notices were ordered to be issued thereafter on 12.04.2005 when the writ petition No.4848 was listed in the Court it was stated by the learned counsel for the petitioner that the controversy which has been alleged in this writ petition is identical to
Today learned counsel for the respondent also agree with the aforesaid submission that the controversy alleged in the present writ petitions is covered by the two aforesaid judgments and further submitted that these judgments have been affirmed by Hon'ble the Supreme Court vide judgment dated 05.01.2005 which is reported in
In that view of the matter for the same reasons these writ petitions are also disposed of granting/refusing the same reliefs as has been done in the aforesaid judgments."
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