ORDER

1. By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 8.7.2019 (Annexure P/11) passed by the M.P. State Co-operative Tribunal, Bhopal, whereby it has reversed the order dated 21.3.2013 (Annexure P/8) passed by the Joint Registrar, Co-operative Societies, Ujjain Division, Ujjain.

2. For the purpose of decision of this petition, the facts need not be narrated in detail. Suffice is to say that the petitioner was appointed in the services of the respondent society on 1.7.1982 on the post of Lower Division Clerk and was later on promoted to the post of Upper Division Clerk on 29.6.1990. Subsequently, he was authorized as a Sales Officer by order dated 24.7.2007. In the meanwhile by order dated 12.12.2002 the banking license of the respondent was cancelled by the Reserve Bank of India pursuant to which by letter dated 21.3.2003 the Joint Registrar, Co-operative Societies, Ujjain liquidated the respondent bank and appointed the Assistant Registrar, Cooperative Societies, Mandsaur as its liquidator.

3. On 9.8.2007, a show cause notice was issued to the petitioner for termination of his services. Being aggrieved the petitioner preferred revision before the M.P. State Co-operative Tribunal which was decided by order dated 5.5.2008 and the petitioner was directed to file a dispute under section 55(2) or 64 of M.P. Co-operative Societies Act, 1960. During pendency of the revision, by order dated 13.11.2007 the respondent terminated the petitioner. Being aggrieved the petitioner filed a dispute under section 55(2) of the Act, 1960 before the Joint Registrar, Co-operative Societies, Ujjain. Therein an application under Order 7 rule 11 of the CPC was preferred by the respondent in which various objections were raised one of which was to the effect that in view of section 82(2) of the Act, 1960 the petitioner ought to have obtained prior sanction from the Registrar before filing of the dispute. By order dated 28.2.2009 (Annexure P/5), the said issue was decided in favour of the petitioner and it was held that he was not required to seek any prior permission from the Registrar prior to filing of the dispute. However, the contention of the respondent as regards the claim of the petitioner being barred by time was accepted in view of which his dispute was dismissed. The said order was unsuccessfully challenged by the petitioner before the M.P. State Co-operative Tribunal. It is pertinent to mention here that the finding recorded by the Joint Registrar that no permission was required to be obtained by the petitioner under section 82(2) of the Act, 1960 was not challenged by the respondent before the Tribunal nor was such a point raised in the arguments.

4. Being aggrieved by the order dated 26.11.2010, the petitioner preferred W.P. No.1571/2011 before this Court which was allowed by order dated 26.11.2010 and the matter was remanded back to the Joint Registrar to decide the dispute of the petitioner on merits without going into the question of limitation. Thereafter, by order dated 21.03.2013 (Annexure P/8), the dispute raised by the petitioner was decided in his favour by the Joint Registrar and the order dated 13.11.2007 passed by the respondent was set aside. Being aggrieved by the order aforesaid, the respondent preferred an appeal under section 78(1) of the Act, 1960 before the M.P. State Co-operative Tribunal. Being aggrieved by the same order in so far as it had not awarded any backwages to him, the petitioner also preferred a cross objection before the Tribunal. By the impugned order dated 08.07.2019, the Tribunal has held that the petitioner was required to obtain permission from the Registrar prior to raising / filing of dispute which has not been done by him which is noncompliance of mandatory provision of section 82(2) of the Act, 1960 in view of which his claim could not have been entertained and adjudicated upon merits by the Joint Registrar. Consequently, the o