ORDER

By the instant petition filed under Article 226 of the Constitution of India, the petitioner who is holding the post of Salesman, is raising a grievance that his services have been terminated by the Administrator, Co-operative Society i.e. Adim Jati Seva Sahakari Samiti Maryadit, Kotma, by order dated 10.10.2019 (Annexure-P/5).

2. Learned counsel for the petitioner submits that the order is being assailed on the ground that the Administrator cannot perform statutory functions, and as such, he is not the competent authority. He further submits that the Administrator acted upon the instructions dated 18.10.2019 issued by the Commissioner-cum-Registrar, Co-operative Society. He submits that several petitions have been entertained by this Court granting interim protection in favour of the petitioners therein including the present petitioner.

3. However, this Court in Writ Petition No.9694 of 2022, decided by order dated 29.04.2022, has laid-down that if any order is passed by the Administrator, then under the circumstances when the society is under supersession, the order of Administrator cannot be said to be an order passed by the incompetent authority and the same can be assailed before the Registrar and appeal can also be preferred in accordance with the provisions of the Madhya Pradesh Co-operative Societies Act, 1960 [hereinafter referred to as 'the Act, 1960'] because Section-78 of the Act, 1960, provides as to before whom appeal would lie against the original order passed by the authorities.

4. In view of the legal position, this petition is not maintainable for the reason that the petitioner is an employee of co-operative society and if any dispute relating to his service conditions arises, then as per Section-55 of the Act, 1960, dispute can be raised before the Registrar. This Court in Writ Petition No.9694 of 2022 has also given liberty to the employees who are challenging the order of Administrator to approach the Registrar raising their grievance.

5. In the present case also, the petitioner can approach the Registrar/Deputy Registrar challenging the order passed by the co-operative authorities or Manager of the society terminating the services of the salesman. It is made clear that the Registrar/Deputy Registrar, at the time of considering the dispute, shall decide the case taking note of the facts of each and every case without being influenced with the observations made in the order of Commissioner because the Commissioner did not pass any order and has only issued instructions to the authority to take appropriate action after examining the-then existing factual position whereunder certain irregularities were committed and noticed.

6. With the aforesaid, the petition is disposed of directing the petitioner to raise his grievance before the Registrar/Deputy Registrar within a period of thirty days from today. It is further directed that for a period of thirty days from today, interim protection granted in favour of the petitioner shall continue.

Moreover, in the appeal or grievance raised by the petitioner, he can also move an application for stay before the authority. If the same is done, the authority shall consider the same in accordance with law and pass an appropriate order thereof.

(SANJAY DWIVEDI) JUDGE PKP