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Rajasthan High Court · body

1984 DIGILAW 284 (RAJ)

Sushila Devi v. Rajasthan State Co-operative Tribunal

1984-07-11

P.K.BANERJEE

body1984
P.K. BANERJEE, C.J.—The only point for consideration in this case is whether the Co-operative Tribunal has right in holding that the change in service condition of an employee or an order of dismissal of an employee comes within the meaning of Sec. 75 of the Rajasthan Co-operative Societies Act, Viz. "touching the business of the society. 2. In Supreme Court decisions in D.M. Co-operative Bank V. Dalichand (1), Cooperative Cr. Bank Vs. Ind. Trib, Hyderabad (2) and again in Allahabad Dist. Co-op-Ltd. V. Hanuman Dutt (3) it has been held inter alia that the word •touching the business of Society", does not bring in a dispute in respect of alteration or condition of service. It has been held further, since the word "business of society" is concluded with actual trading or other similar business activity of the society which the society is authorised to enter into under the Act and the Rules and the bye laws. Since it has been held, that the proposition that whatever the society does or is necessarily required to do for the purpose of carrying out its objects such as laying down condition, can be said to be a part of the business. It would appear that the dispute relating to the condition of service of the workman employed by the Society cannot be held to be a dispute touching the business of the society. 3. In Allahabad Dist. Co-op. Ltds case (supra) the Supreme Court reiterated what was stated in Co-operative Cr. Banks case (supra). 4. In view of their judgments of the Supreme Court, in my opinion, the order of the Cooperative Tribunal cannot be said to be bad. 5. The rule must, therefore, stand discharged. There will be no order as to costs.