TMI Blog2005 (1) TMI 418X X X X Extracts X X X X X X X X Extracts X X X X ..... ue in this petition arises as follows : The petitioner joined service with respondent No. 3-Sugar Factory on 19-9-1977. The factory was subsequently registered as a Co-operative Society under the Act. A charge-sheet was issued to the petitioner by the sugar factory on 16-10-2000 alleging that the petitioner had remained absent from work without sanctioned leave. The other allegation was that the petitioner had not obeyed the instructions to remain present in Court in respect of a case filed against the sugar factory. In subordination was another charge levelled against the petitioner. The petitioner denied these allegations. An inquiry was initiated against the petitioner which, according to the petitioner, was conducted in violation of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where the Aurangabad Bench has considered whether officers who are not workmen under the Industrial Disputes Act, 1947 or the Bombay Industrial Relations Act, 1946 could raise a dispute under section 91 of the Maharashtra Co-operative Societies Act, 1960. 5. It would be necessary to consider the provisions of section 74 of the Multi State Co-operative Societies Act, 1984 which reads as follows : "74.(1) Notwithstanding anything contained in any other law for the time being in force, if any dispute [other than a dispute regarding disciplinary action taken by a Multi-State Co-operative Society against its paid employee or an industrial dispute as defined in clause ( k ) of section 2 of the Industrial Disputes Act, 1947] touching the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purposes of sub-section (1), the following shall be deemed to be disputes touching the constitution, management or business of a Multi-State Co-operative Society, namely: ( a )a claim by the Multi-State Co-operative Society for any debt or demand due to it from a member of the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not: ( b )a claim by surety against the principal debtor where the multi- State Co-operative Society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor, whether such debt or demand is admitted or not; ( c )any dispute arising in connection with the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. In any event a dispute regarding the disciplinary action taken by the society against its paid employee cannot be referred to the Commissioner of Sugar and Central Registrar. A labour officer is a paid employee. However, the disciplinary action taken against him by a Multi-State Co-operative Society cannot be questioned by referring the dispute to the Commissioner of Sugar and Central Registrar as the jurisdiction to entertain such a dispute is specifically excluded. 7. Section 91 of the Maharashtra Co-operative Societies Act, 1960 which has been considered by the Division Bench of this Court in Prahled Vithal Rao Pawar s case ( supra ) is not pari materia with section 74 of the Act. Therefore, the judgment of the Bench in Prahl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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