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2012 Supreme(All) 1478

P.K.S.BAGHEL
BRAHMAWARTA COMMERCIAL CO-OPERATIVE BANK LTD. , KANPUR – Appellant
Versus
PRESIDING OFFICER, INDUSTRIAL TRIBUNAL III, U. P. KANPUR – Respondent


Advocates:
Counsel :
H.R. Misra for the Petitioner; O.P. Katiyar, S.R. Verma, A.P. Tiwari, Triliki Nath, V.K. Dixit and C.S.C. for the Respondent.

JUDGMENT

Hon’ble P.K.S. Baghel, J.—All the batch of the Petitions involves similar question of law. The Writ Petitions arise from different areas, though marginally facts are different but raise substantially similar issue of law. They can be disposed of by a common judgment.

2. Civil Misc. Writ Petition No. 49561 of 2002 (Brahmawarta Commercial Co-operative Bank Ltd.,Kanpur v. Presiding Officer, Industrial Tribunal III, U.P. Kanpur, is a lead petition.

3. This petition is filed by the Brahmawarta Commercial Co-operative Bank Ltd., Kanpur through its Secretary under Article 226 of the Constitution.

4. The petitioner has sought relief to quash the adjudication case No. 117 of 2001 pending before the Presiding Officer, Industrial Tribunal, III, U.P. Kanpur on the ground that the Tribunal does not have jurisdiction in respect of the employees of the co-operative Society. The brief facts of the case are as under.

5. The petitioner is a co-operative society, registered under the Provisions of the U.P. Co-operative Societies Act, 1965 (for short herein after referred to as 1965, Act). The petitioner is carrying on Banking business in terms of the Circular issued by the Reserve Bank of In




























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