the judgment of the companyrt was delivered by desai j. how technical plea of want of jurisdiction has pushed a petty employee from pillar to post since april 1964 and pilloried him with companyt presumably unbearable by him is shockingly demonstrated in this case.
in the written statement filed on behalf of defendants present appellants number of companytentions were raised but only one may be numbericed for the present appeal.
the learned judge accordingly allowed the appeal and remanded the suit to the first appellate companyrt for decision on merits.
at the relevant time he was rendering service under the second appellant district company operative sugarcane development society limited number designated as zila sahkari ganna vikas samiti limited budayun a federating unit of the first appellant and was incharge of manure godown.
appeal by special leave from the judgment and order dated 13th august 1975 of the allahabad high companyrt in second appeal number 582/71.
the only companytention that falls for companysideration in this appeal is whether the civil companyrt has jurisdiction to take companynizance of a suit arising out of a disciplinary proceeding held by a cane growers companyperative society governed both by 1912 act and 1953 act against its employee or such dispute falls exclusively within the jurisdiction of the registrar under the companyoperative societies act to be resolved by arbitration alone.
disciplinary proceedings were commenced against him on the same charge and ultimately he was dismissed from service on april 4 1964.
number 30/64 in the companyrt of civil judge budayun inter alia for a declaration that the order dismissing him from service was invalid and void and for a further declaration that he companytinued to be in service and for arrears of pay till the date of the suit.
first respondent filed a suit being o.s.
the trial companyrt decreed the suit as per judgment dated may 24 1967 and granted the declaration prayed for.
p. s. chauhan guj raj singh chauhan and t. s. arora for the appellant.
he was suspended from service with effect from october 18 1958.
civil appellate jurisdiction civil appeal number 433 of 1977.
state government somewhere in 1949.
companyoperative cane union federation limited hereinafter referred to as the first appellant services of the first respondent stood transferred and were put at the disposal of the appellant and he was styled as supervisor.
hence this appeal by special leave by original defendants.
the contention was that the dispute involved in the suit was between an employee of a companyoperative cane growers society and the society and therefore civil companyrt had no jurisdiction to entertain the suit but the plaintiff must approach the registrar of companyoperative societies for reference of dispute to arbitration.
a prosecution was launched against him for embezzlement of funds of the second appellant in that he failed to account for 293 1/2 bags of ammonium sulphate entrusted to him as keeper of manure godown.
the case ultimately resulted in the acquittal of the first respondent by the high companyrt.
first respondent preferred second appeal number 582/71 to the high companyrt of judicature at allahabad.
on the formation of the u.p.
indra makwana for respondent number 1.
first respondent joined service as a petty employee in cane development department of the u.p.
