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1980 Supreme(Mad) 229

V.BALASUBRAHMANYAN
Madurai District Co-Operative Supply And Marketing Society Limited By Its Special Officer – Appellant
Versus
S. Sankaranarayanan – Respondent


JUDGMENT

V. Balasubrahmanyan, J.

1. The common question in all these second appeals is whether the suits out of which they arise, are maintainable. The Courts below held that they were maintainable. The correctness of their decision is disputed by the appellant who was the defendant in all the suits.

2. Four suits figure in this controversy. The plaintiff in each suit was an employee of a Cooperative Society called the Madurai District Co-operative Supply and Marketing Society Limited. Each of them was in charge of a godown of the Society storing foodgrains. On the ground that there were shortages in the stock, each of the godown keepers was dismissed by the Society after a domestic inquiry. Each of them filed a suit against the Society for a declaration that his dismissal was wrongful.

3. The Society resisted the suits on the ground, among others that they were not maintainable. The Courts below negatived this contention, proceeded on the merits of the case and decreed the suits as prayed for.

4. The issue as to maintainability was rested before the lower Courts under two different sets of statutory provisions. One was under Section 73 read with Section 100 of the Tamil Nadu Co-operati











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