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1989 Supreme(MP) 39

A.G.QURESHI, S.K.DUBEY
BAIJNATH – Appellant
Versus
ZILA SAHAKARI KENDRIYA BANK, MARYADIT, DHAR – Respondent


Advocates Appeared:
U.M.NIMGAONKAR, V.S.KOKJE

S. K. DUBEY, J.

( 1 ) BY this petition under Article 226 of the Constitution of India, the petitioner has challenged the order of his compulsory retirement (Annexuref) dated 23-8-1988 passed under Rule 72 of the Madbya pradesh Jila Sahakari Kendriya Bank Karamchari Sewa (Niyojan, Nibandhan tatha Karyasthiti) Niyam, 1982 (hereinafter referred to as "the Service rules" ).

( 2 ) IT is not disputed that the Service Rules are statutory Service Rules framed by the Registrar, Co-operative Societies, Madhya Pradesh, in exercise of powers conferred under Section 55 (1) of the M. P. Co-operative societies Act, 1960 (hereinafter referred to as "the Act" ). The petitioner's case, in brief, is that he was appointed as a driver on 20th November, 1964. By an order dated 17-4-1985 (Annexure B), the petitioner was demoted from the post of Driver to the post of Peon. The petitioner raised a dispute about his demotion, under the provisions of the Industrial Disputes Act, 1947 and the conciliation proceedings were pending. During the pendency of the conciliation proceedings, the Registrar, Co-operative Societies, passed an order under Section 49-A (2) of the Act anulling the order of demotion. Hence,










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