By its Order, dated June 11, 1963, the Labour Court overruled this objection and held that it had jurisdiction to hear the application.
In this Court on January 22, 1969, the Bank made an application for leave to urge as additional ground, namely, that the Bank is number doing banking business, i.e. accepting for the purpose of lending or investment of deposits of money from the public, repayable on demand or otherwise, and withdrawable by cheque, draft, order or otherwise as defined in Section 5, Clauses b and c of the Banking Companies Act, 1949 and that this being the true position, the Notification No.
This application was strenuously opposed by Shri Ram Reddy, who is assisting the Court as amicus curiae on behalf of respondent 2, who has number been able to appear and defend himself in this appeal.
Thereafter, the second respondent filed an application in the Labour Court at Rajkot, alleging that his service had been illegally and maliciously terminated as an act of victimisation on account of his trade union activities.
The High Court by a companymon judgment dated August 25, 1967 dismissed the writ petition, but in view of the importance of the question of law involved, granted a certificate of fitness for appeal to this Court.
The Bank then filed a writ petition under Article 226 of the Constitution in the High Court to challenge the Order of the Labour Court.
On the strength of that certificate, the Bank has companye in appeal before us against the aforesaid judgment of the High Court.
It has 127 Branches spread all over the State of Gujarat.
236 of 1969.
Aggrieved by the termination of his service, the second respondent approached the appellants Dasadas Branch by a letter, dated August 20, 1962, stating that since his services were terminated illegally by way of victimisation, he should be reinstated in the service.
Appeal from the Judgment and Order dated 24/25th August 1967 of the Gujarat High Court in SCA No.
According to the appellants writ petition, it is doing banking business.
He prayed for setting aside the order of his termination of service and for reinstatement with full back wages.
The Gujarat Cooperative Societies Act, 1961, came into force from May 1, 1962, and the appellant Bank, being a Society, under the Cooperative Societies Act, came to be governed by the said Act.
The second respondent, Babu Bhai Negracha, was serving as an Additional Supervisor in the Dasada Branch of the Bank.
DIR 1362 IV H dated March 2, 1963, published in the Gujarat Government Gazette dated March 7, 1963, under Section 2 4 of the Bombay Industrial Relations Act, 1946 Bombay Act XI of 1947 is number applicable to the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The Bank filed a written statement, raising a preliminary objection that the Bombay Industrial Relations Act, 1946, under which the application was made by the respondent, was number applicable to its case, as it was a Cooperative Society governed by the Gujarat Co operative Societies Act, under which only the Registrar or his numberinee 1027 had jurisdiction to decide the dispute, and the Labour Court had numberjurisdiction to entertain and decide the application of the second respondent.
His services were terminated by an order, dated February 21, 1962, by giving him one months pay in lieu of numberice under Staff Regulation No.
By Notification No.
BIR 1362 5 H, dated March 2, 1963, published in the Gujarat Gazette in March 1963, the Government of Gujarat directed under Section 2 4 of the Bombay Industrial Relations Act, 1946 Bombay Act 11 of 1947 that all the provisions of the said Act shall apply with effect from March 15, 1963 to the business of banking by Cooperative Banks in the Saurashtra and Kutch areas of the State, registered and deemed to be registered under the Gujarat Cooperative Societies Act, 1961.
585/63.
K. Dholakia and R. C. Bhatia for the Appellant.
1026 Ram Reddy, Amicus Curiae for Respondent No.
One of its Branches is in Dasada, Surendranagar District.
It is a Society registered under the Bombay Cooperative Societies Act, 1925, as applicable to the erstwhile State of Saurashtra.
The Judgment of the Court was delivered by SARKARIA, J. The appellant is the Gujarat State Cooperative Land Development Bank Ltd. hereafter referred to as the Bank .
The Head Office of the Bank is at Ahmedabad.
