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2003 Supreme(MP) 723

S.P.KHARE
DESHRATH SINGH – Appellant
Versus
MANAGING DIRECTOR M P STATE CO OPERATIVE OIL SEED GROWERS FEDERATION LTD – Respondent


Advocates Appeared:
A.P.Shroti, K.S.WADHWA,

Judgment

( 1. ) THIS is a writ petition under Articles 226 and 227 of the Constitution of india challenging the order dated 8-4-2002 of the M. P. State Co-operative tribunal and order dated 5-11-2001 of the Deputy Registrar, Cooperative societies, Bhopal by which the application of the petitioner under Section 55

(2) of the M. P. Co-operative Societies Act, 1960 (hereinafter to be referred to as the Act) has been rejected as barred by limitation.

( 2. ) THE petitioners services were terminated by order dated 14-8-1991 of the respondent No. 1. He is running from pillar to post to challenge this order but he is being shown outer door by every Court on one technical ground or the other. That is the travesty of justice. He raised the dispute and it was referred to the Labour Court on 6-5-1997 by the Assistant Labour commissioner as per law then prevailing but the Labour Court by its order dated 20-4-2000 directed return of the "statement of claim" to the petitioner on the ground that it has no jurisdiction and the remedy should be pursued under the provisions of the Act. That was done in view of the change in the legal position as a result of the decision of the Supreme Court in R. C. Tiw










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