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JAVED IQBAL WANI
Jammu Central Co-operative Bank Limited – Appellant
Versus
Shiv Kumar Sharma, S/o Sh. Baisakhi Ram – Respondent
ORDER :
1. The petitioner herein is Jammu Central Co-operative Bank Limited (for short “the bank”) registered as a society under J&K Co-operative Societies Act, 1989 (for short “the Act of 1989”) being a body corporate having a perpetual succession and common seal with the power to hold property to enter into contracts, institute suits and other legal proceedings and to do all things necessary for the purpose for which it is constituted.
2. The respondent 1 herein being an employee of the bank and while serving as Branch Head of Branch Office Latti in the year 1995, was alleged to have committed grave financial irregularities along with a co-employee of the bank being Cashier-cum-Clerk, namely, Sh. Behari Lal, having committed embezzlement to the tune of Rs. 1,03,700/- from various Saving/Recurring Accounts operated in the bank, resulting into placing of the respondent 1 and the said co-employee - Behari Lal under suspension, and consequently, the initiation of a disciplinary inquiry against them entrusted to one of the officers of the bank wherein the said inquiry, the respondent 1 as also the said Behari Lal came to be charge-sheeted and after the said inquiry into the charges resu
The main legal point established in the judgment is the jurisdiction of the Registrar and tribunal to adjudicate the dispute raised by the respondent 1 against the bank.
Section 69 of the Kerala Co-operative Societies Act excludes Labour Court jurisdiction over employment disputes, designating the Co-operative Arbitration Court as the exclusive forum for resolution.
The U.P. Cooperative Societies Act excludes the jurisdiction of the U.P. Industrial Disputes Act for disputes between employees of cooperative societies and the societies.
Rest of nature of dispute to be referable to Register in the given context of this case, will govern the entire situation. The recovery proceedings initiated under Section 102 of the West Bengal Co-o....
Service disputes under the Kerala Co-operative Societies Act must be resolved exclusively by the Co-operative Arbitration Court, limiting the Registrar's jurisdiction.
Disputes regarding employment in cooperative societies must be resolved by the Co-operative Arbitration Court, not by the Registrar, as per the amended Section 69 of the Kerala Co-operative Societies....
Service disputes under the Kerala Co-operative Societies Act must be resolved exclusively by the Co-operative Arbitration Court, not by the Registrar, following the amendment to Section 69.
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