ORDER

This order shall govern disposal of aforementioned four cases.

1. This is a petition assailing the orders dated 24.12.2019 (Annexure P/8) and 26.4.2023 (Annexure P/12) in all the petitions.

2. Counsel for the petitioners contends that initially the respondents had assailed their termination by taking recourse to remedy available in terms of section 55 of M.P. Cooperative Societies Act, 1960 (hereinafter referred to as "Act of 1960" for the sake of brevity). The Joint Registrar vide order dated 10.8.2021 contained in Annexure P-2, though held that the termination of the petitioner was illegal and accordingly set aside the same yet also observed that their induction in service was not in accordance with the statutory provisions contained in the Act as well as rules made there-under. The Joint Registrar also made an observation that if in future steps are taken to fill up the vacancies, the entire exercise shall be done while ensuring adherence to the statutory provisions. The order passed by the Joint Registrar was assailed before the Tribunal by the employees. The Tribunal vide an order contained in Annexure P-3 dated 29.3.2006 remitted back the matter to the Joint Registrar again while permitting the petitioner Bank to incorporate certain amendments in the written statement and the Joint Registrar was further extended liberty to frame additional issues and record further additional evidence. The order passed by the Tribunal dated 29.3.2006 was assailed before this Court in a writ petition filed vide W.P. No. 4822/2006 by the employees. The said Writ Petition was dismissed vide an order dated 29.1.2008. Thereafter the employees filed Writ Appeal as well. The Writ Appeal was also dismissed vide order dated 10.1.2011 (Annexure P-5). Thereafter Special Leave Petition was filed by the employees vide Special Leave to Appeal (C) Nos. 17329-17334/2011; however, the same was also dismissed by an order dated 22.1.2019 (Annexure P-6). Thereafter in terms of the original order of remand by the Tribunal, which is contained in Annexure P-3, the Joint Registrar passed an order afresh on 24.12.2019 (Annexure P-8) and concluded that as similarly situated employees in Gwalior were protected and their appointments were not disturbed while keeping the principle of parity, the Joint Registrar also held that the respondent/employees herein are also entitled for the same benefit and accordingly their termination orders were set aside by the Joint Registrar.

3. Initially the order of Joint Registrar dated 24.12.2019 was subject matter of a suo motu revision but the said suo motu revision was dismissed vide order dated 28.1.2022 (Annexure P-1). After the order of the Joint Registrar dated 28.1.2022, the petitioner approached the Madhya Pradesh Cooperative Tribunal in terms of Section 78 of the Act of 1960 along with an application filed under section 5 of the Limitation Act. The Tribunal, while dealing with the application filed under section 5 of the Limitation Act, vide impugned order dated 26.4.2023 (Annexure P/12), has dismissed the appeal being barred by limitation and also on the ground that the appeal was not filed by the Managing Director in terms of section 49-A(1) H of the Act of 1960 as well as Clause 47 (2) of byelaws of Society as the Managing Director was empowered to file the appeal but the appeal was filed by the Assistant General Manager (Karmik) Societies General Manager (Karmik). Thus assailing the order passed by the Joint Registrar as well as Tribunal this petition is filed.

4. Counsel contends that while passing the impugned order the Tribunal has failed to appreciate that against the order dated 24.12.2019 suo motu powers of revision were exercised, which ultimately ensued in passing of an order dated 28.1.2022 and certified copy of order was made available to the petitioner on 2.2.2022 and thereafter on 25.2.2022 the appeal was filed. Therefore, while appreciating the provisions of 78 A of 1960, the application filed under Sec