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Madhya Pradesh High Court · body

2014 DIGILAW 1439 (MP)

K. L. Raikwar v. Cooperative Societies

2014-11-07

K.K.TRIVEDI

body2014
JUDGMENT : It is contended that a resolution was passed by a Sub Committee of the District Cooperative Central Bank Limited, Chhatarpur, for promotion of certain employees. Pursuance to the said resolution, orders of promotion were issued. However, holding that such promotions were illegally made without there being any complaint to that effect, an order was issued by the Joint Registrar Cooperative Societies for annulment of the said order of promotion as also initiating proceedings against the present petitioner. It is contended that the employees who were affected by such order of Joint Registrar, have approached the Cooperative Tribunal and in their cases interim stay was rejected. Against one such order, W.P.No. 14318/2014 (Ramvishal Pateria Vs. Joint Registrar Cooperative Societies and others) was preferred before this Court and considering the fact that the dispute was pending before the Cooperative Tribunal, this Court vide order dated 27.10.2014 has granted an interim protection to the employees so promoted. As a result, the order of the Joint Registrar Cooperative Societies has not been given effect to in so far as those employees are concerned. The petitioner has also challenged the order passed against him before the Cooperative Tribunal, which claim is already entertained, but the interim prayer is rejected by the impugned order dated 25.8.2014. It is contended that in case the interim protection is not granted to the petitioner and action is initiated pursuant to the order, which is sought to be challenged before the Cooperative Tribunal and that order is ultimately set aside, entire action taken against the petitioner would be bad in law. Similarly, if no interim relief is granted, the relief which the petitioner is claiming in the said litigation before the Cooperative Tribunal would be frustrated, if any proceedings are done against the petitioner pursuant to the order of Joint Registrar. Considering the fact that in such circumstances, it is already held that the interim protection should be granted, it would be appropriate to direct expeditious hearing of the claim made before the Cooperative Tribunal. At the same time, it would be appropriate to direct that no coercive action be taken against the petitioner pursuance to the order challenged before the Cooperative Tribunal, till final adjudication of the claim made before the Cooperative Tribunal. The writ petition stands disposed of. Certified copy as per rules.