AI Overview...
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Cooperative Societies Employee Termination - Various legal provisions and cases address the validity and procedures related to employee termination under different Cooperative Societies Acts.
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Validity of Termination Orders - Several cases (e.g., Punjab State Co-operative Supply, Marketing Federation Ltd. VS B. S. Aulak - Punjab and Haryana, District Co-operative Central Bank, Isagarh, Dist. Guna VS Leeladhan - Madhya Pradesh) highlight that termination orders can be challenged and potentially set aside if found invalid or issued without proper authority. For instance, in Punjab State Co-operative Supply, Marketing Federation Ltd. VS B. S. Aulak - Punjab and Haryana, the termination by Markfed was declared null and void by the Punjab Chief Minister’s order. Similarly, District Co-operative Central Bank, Isagarh, Dist. Guna VS Leeladhan - Madhya Pradesh reinstated employees after setting aside wrongful termination under the 1960 Act.
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Jurisdiction and Appeal Processes - The jurisdiction of authorities like the Assistant Registrar to hear appeals against termination is contested (Kular Cooperative Agricultural Service Society Limited VS Registrar, Cooperative Societies - Punjab and Haryana), with courts ruling that such authorities may lack jurisdiction if bye-laws do not specify otherwise.
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Legal Remedies and Court Interventions - Courts have intervened in cases of wrongful termination, quashing orders, and directing reinstatement (Solan District Co-operative (marketing & Consumer) Federation Ltd. VS Ram Lal - Himachal Pradesh, SOLAN DISTRICT CO-OPERATIVE (MARKETING & CONSUMER) FEDERATION LTD. VS RAM LAL - Himachal Pradesh, Abhudaya Co-operative Bank Ltd. VS Vilas Vishnupant Khandave - Bombay), emphasizing the importance of following due process and statutory provisions.
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Role of Statutory Provisions - Acts like the Punjab Cooperative Societies Act, 1961, Maharashtra Cooperative Societies Act, 1960, and others specify procedures for termination, appeals, and legal recourse, which must be adhered to for validity (Punjab State Co-operative Supply, Marketing Federation Ltd. VS B. S. Aulak - Punjab and Haryana, Abhudaya Co-operative Bank Ltd. VS Vilas Vishnupant Khandave - Bombay, Srinivasa Weavers Co-op. Production and Sales Society, Tenali Taluk, Guntur Dist. VS Arikati Nageswara Rao - Andhra Pradesh).
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Summary - Employee termination in cooperative societies is subject to strict legal scrutiny. Orders can be challenged in courts if procedural lapses occur or if authorities lack jurisdiction. Courts often favor reinstatement or quashing wrongful termination orders, reinforcing the importance of following statutory procedures and proper authority channels.
References:
- Punjab State Co-operative Supply, Marketing Federation Ltd. VS B. S. Aulak - Punjab and Haryana, Abhudaya Co-operative Bank Ltd. VS Vilas Vishnupant Khandave - Bombay, Zilla Sahakari Kendriya Bank Maryadit, Mandsaur VS Shankar singh - Andhra Pradesh, Srinivasa Weavers Co-op. Production and Sales Society, Tenali Taluk, Guntur Dist. VS Arikati Nageswara Rao - Andhra Pradesh, VIDYAVATI DUBEY VS DISTRICT COOPERATIVE CENTRAL BANK LIMITED - Chhattisgarh, THE MANAGEMENT vs THE REGIONAL JOINT REGISTRAR - Madras, District Co-operative Central Bank, Isagarh, Dist. Guna VS Leeladhan - Madhya Pradesh, Solan District Co-operative (marketing & Consumer) Federation Ltd. VS Ram Lal - Himachal Pradesh, SOLAN DISTRICT CO-OPERATIVE (MARKETING & CONSUMER) FEDERATION LTD. VS RAM LAL - Himachal Pradesh, Kular Cooperative Agricultural Service Society Limited VS Registrar, Cooperative Societies - Punjab and Haryana
Search Results for "Cooperative Societies Employee Termination Order"
1994 0 Supreme(P&H) 241 • India - Punjab and Haryana
N.K.KAPOOR
EMPLOYMENT - TERMINATION - DEPUTATION - LIMITATION - Punjab Cooperative Societies Act, 1961 - Whether the plaintiff was an employee ... Whether the order of termination passed by Markfed was null and void? 3. ... The order of termination passed by Markfed was null and void as per the order of the Chief Minister, Punjab. 2. ... and voi....
2018 0 Supreme(Bom) 3045 • India - Bombay
B.P.COLABAWALLA
Maharashtra Cooperative Societies Act, 1960 - Section 97 – Order of termination - Claim compensation - Challenged ... - Respondent herein and who was employee of petitioner bank, was partly allowed - Order of termination issued against respondent ... /or realization – Held, petitioner has an alternate remedy of appeal under Maharashtra Cooperative #HL_....
2000 0 Supreme(AP) 562 • India - Andhra Pradesh
DEEPAK VERMA
P Cooperative Societies Act, 1960 - Section 77 (2) - Criminal Charges - Order of termination - Acquittal of respondent employee - ... , against the order of Joint Registrar, the question of granting relief to the employee did not arise - Thus, looking the impugned ... petitioners Bank on the post of Samiti Sewak - On account of certain alleged irregularities and illegal....
1991 0 Supreme(AP) 212 • India - Andhra Pradesh
M.N.RAO, V.SIVARAMAN NAIR
[3] [iv] - Order of termination of services of an employee by a Society - Set aside in appeal by employee to Asst Commissioner of ... Constitution of India - Arts 226 - AP Shops and Establishments Act, 1966 - Sec 41 [4] and AP Cooperative Societies Act, Sec 15-A ... under Sec 41 to District Munsif for implementation of Order - High Court allowing writ petition filed by ....
2019 0 Supreme(Chh) 695 • India - Chhattisgarh
P.SAM KOSHY
Societies Act, 1960 - Section 55(2) - Shortage of cash - Order of removal from service - Quashment of order of termination - Deceased ... Constitution of India,1950 - Article 311(2) - Indian Penal Code,1860 - Section 409 - Madhya Pradesh Cooperative ... of termination and also quashment of orders passed by Joint Registrar and Board of Revenue - Petitioners are ordered to be entitled ... ....
2024 Supreme(Online)(MAD) 22578 • India - High Court of Madras
Hon`ble Mr.Justice ABDUL QUDDHOSE
Fact of the Case: The petitioner management challenged an order modifying the termination of an employee under the ... Tamil Nadu Cooperative Societies Act. ... Cooperative - Writ Petition - Tamil Nadu Cooperative Societies Act - Section 153 - The court directed the State Government to ... The said order was passed under Section 153....
2011 0 Supreme(MP) 856 • India - Madhya Pradesh
G.D.SAXENA
Cooperative Societies Act, 1960 -- S. 55 (2) -- dispute against termination order under -- termination order set aside and employee ... the Act of 1960 -- termination order set aside and employee re- instated in service without back wages -- direction given to bank ... Act, 1960 -- S. 55 (2) -- Indian Penal Code, 186....
2020 0 Supreme(HP) 396 • India - Himachal Pradesh
SANDEEP SHARMA
Termination of Service - HP Cooperative Societies Act - 1968 - Section 94 - Industrial Disputes Act - 1947 - Section 10 - Summary ... of Acts and Sections: The court discussed the termination of service of the petitioner under the HP Cooperative Societies Act, 1968 ... The termination was challenged through various legal avenues, including appeals and petitions under th....
2020 0 Supreme(HP) 823 • India - Himachal Pradesh
SANDEEP SHARMA
Termination of Service - HP Cooperative Societies Act - [SUMMARY OF ACT SECTIONS REFERENCED: Section 94 of the HP State Cooperative ... Societies Act, 1968, Section 72 of the HP Cooperative Societies Act, 1968, Section 10 of the Industrial Disputes Act, 1947, Section ... Disputes Act, 1947, despite having availed remedies under the HP Cooperative #HL_S....
1996 0 Supreme(P&H) 1566 • India - Punjab and Haryana
R.L.ANAND
COOPERATIVE SOCIETIES - JURISDICTION OF ASSISTANT REGISTRAR - APPEAL AGAINST TERMINATION OF EMPLOYEE - BYE-LAW - VALIDITY - ASSISTANT ... REGISTRAR, COOPERATIVE SOCIETIES HAS NO JURISDICTION TO HEAR APPEAL AGAINST TERMINATION OF EMPLOYEE - BYE-LAW PROVIDING FOR SUCH ... (Society) filed a writ petition challenging the order of the Assi....
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