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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
NAMIT KUMAR
Jagir Singh – Appellant
Versus
Markfed Chandigarh – Respondent
JUDGMENT :
NAMIT KUMAR, J.
1. The instant Regular Second Appeal has been filed by the appellant/plaintiff impugning the judgments and decrees dated 13.11.1990 and 02.12.1992, passed by the learned Trial Court and First Appellate Court respectively, whereby the suit of the appellant/plaintiff has been dismissed. Parties to the lis hereinafter shall be referred to by their original position before the learned Trial Court.
2. In brief, the plaintiff (Jagir Singh) instituted a suit against the defendant-Markfed for declaration to the effect that the order dated 22.12.1988, whereby the punishment of stoppage of two annual grade increments with cumulative effect and recovery was inflicted upon him is illegal, null and void, with further relief of permanent injunction restraining the defendants from effecting any recovery of shortage from the salary of the plaintiff on the basis of the impugned order.
2.2 The case of the plaintiff, as briefly stated, is that he joined the defendant-Markfed in the year 1978 as Salesman and he was wrongly charge-sheeted and on the basis of wrong enquiry report, was awarded the punishment of stoppage of two annual grade increments with cumulative effect as well
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.
Workmen of cooperative societies can raise industrial disputes under the U.P. Industrial Disputes Act, 1947, despite being governed by cooperative regulations.
Disputes between cooperative societies and their employees are not maintainable under Section 91 of the MCS Act, requiring civil suits for resolution.
Civil courts lack jurisdiction over employment disputes governed by the Industrial Disputes Act, necessitating resolution in designated forums.
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