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1978 Supreme(MP) 186

K.K.DUBE, A.R.NAVKAR
GWALIOR DISTRICT CO-OPERATIVE BANK LTD – Appellant
Versus
RAMESH CHANDRA – Respondent


Advocates Appeared:
R.D.Jain, R.S.Bajpai,

JUDGMENT :

( 1. ) THE main question that requires to be considered in this petition under Article 226 of the Constitution is whether or not an employee of a Co-operative Bank can seek a declaration to the invalidity of the termination of his contract of service when the employer acted in violation of the rule made by the Registrar of the Co-operative Societies governing the service conditions of the employees of the Bank.

( 2. ) BRIEFLY stated, the facts relevant for the purpose of this petition are these:-The respondent No. 1 was appointed as an Agent of the petitioner Bank which is a Co-operative Society registered and governed by the provisions of the M. P. Co-operative Societies Act, 1960. The respondent No. 1 took charge on 30-9-1963. On 7-12-1964 he was confirmed. He applied for two days casual leave. It appears that he left Ghatigaon where he was posted and went to his home at Morar. The respondent No. 1 then applied for earned leave for a period from 3-4-1968 to 18-4-1968. Thereafter, he applied for extension of the earned leave up to 4-5-1968. The respondent No. 1 wanted to attend the law classes at Gwalior and he stated that he had been granted permission by the Chairman to


















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