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1975 Supreme(MP) 53

M.L.MALIK, C.P.SEN, P.K.TARE
RASHTRIYA KHADAN MAZDOOR SAHAKARI SAMITI LTD – Appellant
Versus
PRESIDENT OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT – Respondent


Advocates Appeared:
O.P.NAMDEO, P.S.NAIR, S.D.Mukerjee, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner, a registered Co-operative Society, challenges the order of the Central Government, dated 6-4-1972 (Petitioners Annexure-D) as also the award of the Central Industrial Tribunal, dated 8-9-1972 (Petitioners Annexure-E)on the ground that the reference to the Industrial Tribunal was not maintainable in law in respect of the dismissal of the employee, by name, ramprasad and his wife, Smt. Jankibai, as they were employees of the petitioner co-operative Society and as such, the question of their dismissal or termination of service will be governed by the provisions of the Madhya Pradesh Co-operative societies Act, 1960, and not by the provisions of the Central Industrial Disputes Act, 1947.

( 2. ) THE facts leading to the filing of the present writ petition lie in a narrow compass: Ramprasad and his wife, Smt. Jankibai were servants of the petitioner, Co-operative Society. They were charged with an act of misconduct. The Society appointed an Enquiry Officer, who found them guilty. Therefore, their services were terminated by the Society. , The question of their dismissal was taken up














































































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