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1993 DIGILAW 144 (MP)

COLLECTOR AND PRESIDENT, DIST, CO-OP. CENTRAL BANK LTD. , UJJAIN v. NANDLAL ARYA

1993-02-25

R.D.SHUKLA

body1993
R. D. SHUKLA, J. ( 1 ) THIS appeal is directed against the judgment and order dated 26-3-1981 of the and Additional District Judge, Ujjain passede in Civil Appeal No. 23-A/81 whereby while accepting the appeal the learned 1st Appellate Court has held that Civil Court has jurisdiction in the matter and thereby remanded the case. ( 2 ) THE brief history of the case is that the respondent-plaintiff was an employee of District Central Co-operative Bank Ltd. Ujjain. He filed a suit for relief of injunction against the deduction of amount of salary and against the decision taken by the committee regarding pay-fixation. ( 3 ) THE defendant-appellants took an objection that the suit of this nature is barred in view of the provisions of Section 64 read with Section 82 of the M. P. Co-operative Societies Act, 1960, ( 4 ) THE trial court apheld the objection and returned this suit for presentation before the proper authority, ( 5 ) THE plaintiff therafter filed an appeal before the First appellate court. The first appellate Court by the impugned order accepted the appeal and held that Civil Court has jurisdiction in the matter and thereby remanded the case. Hence this appeal by the defendants. ( 6 ) THE contention of the learned counsel for the appellant is that the plaintiff wants to challenge the decision taken by the Executive Committee. That decision has been taken by the Committee while managing the affaire of the Society and therefore, this case would be covered under Section 64 read with Section 82 of the Act. ( 7 ) NOBODY appears to oppose this contention. However, on perusal of the impugned judgment it appears that the learned Judge has relied cm a case reported in AIR 1970 SC 245 (Co-operative Central Bank Ltd. and others v. Additional Industrial Tribunal Hyderabad and others ). But that decision is with respect to the jurisdiction of the Industrial Court. ( 8 ) SECTION 82 of the Act reads as follows : "82. Bar of jurisdiction of Courts.- (1) Save as provided in this act, no civil or revenue court shall have any jurisdiction in respect of (a ). . . (b ). . . . . . . . . (c) any dispute, required to be referred to the Registrar or his nominee or board of nominees. (d ). . . . . . . . . . (b ). . . . . . . . . (c) any dispute, required to be referred to the Registrar or his nominee or board of nominees. (d ). . . . . . . . . (2 ). . . . . . . . . . . . (3) Save as provided in th is Act, no order decision or award made under this Act shall be questioned in any court on any Court on any ground whatsoever: ( 9 ) SECTION 64 of the Act refers to the dispute and arbitration under the Act which reads as follows : "64. Disputes. (1) Notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, management or business of a society or the liquidation of a society shall be referred to the Registrar by any of the parties to the dispute if the parties thereto are among the following (a ). . . (b ). . . . . . . . . ( 10 ) WHAT has been held in the decision referred to above is that dispute relating to alternation of conditions of service cannot be held to be the dipute touching the business of the society. In this case a decision has been taken by the Executive Committee egarding the pay fixation. That would clearly fall under the 'management of the society. Moreover, Section 82 of the Act clearly bars the jurisdiction of Civil and Revenue Courts, it does not bar the jurisdiction of the labour Court under Industrial Disputes Act or under Industrial Relations act. ( 11 ) AN employee can take the dispute to the Industrial Court or thed labour Court, as the case may be as has been held in a Division Bench decision of this Court reported in 1987 MPLJ 31 (Sahakari Vipanan Marketing) sanstha Maryadit Burwaha v. labour Court, Indore and others ). But that does not mean that the matter can be agitated before the Civil Court. ( 12 ) IN the opinion of this Court, therefore, the Civil Court has no jurisdiction in the matter ( 13 ) AS a result this appeal is accepted. The impugned order is setaside. The respondent shall bear his own cost and shall pay the cost of the appellants. Counsel's fee Rs. 200/- if certified. Appeal allowed, .