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1997 Supreme(Online)(SC) 66

SUPREME COURT
K. Ramaswamy, D. P. Wadhwa, JJ.
R. C. Tiwari v. M. P. State Cooperative Marketing Federation Ltd. and Others


Table of Content
1. delay condoned in proceedings. (Para 1)
2. jurisdiction issues addressed under societies act. (Para 2 , 3)
3. res judicata applies to findings by deputy registrar. (Para 4)
4. final dismissal of the special leave petition. (Para 5)

1. Delay condoned.

2. The only question in this case is: whether the reference under S.10(1) of the Industrial Disputes Act , 1947 (for short, the "Act") is maintainable in view of the provisions contained in the M. P. Cooperative Societies Act, 1960 (for short, the 'Societies Act')? Admittedly, the petitioner was dismissed from service for his misconduct. Thereafter, he sought a reference under the Societies Act which was confirmed and became final. On a reference made under the Act, the Labour Court in case No. 48/85 held that domestic enquiry was vitiated by illegality and accordingly it set aside the order of dismissal. In Writ Petition No. 2077/92 by judgment dated July 8, 1996, the High Court has held that in view of the provisions contained in S.55 of the Societies Act, the Labour Court has no jurisdiction and, therefore, the reference is bad. It is also held that since the finding was recorded by the Deputy Registrar, Cooperative So






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