Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1960 Maharashtra Cooperative Societies Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Maharashtra Cooperative Societies Act, 1960 - s.91 - Jurisdiction of- Cooperative Court to decide 'service dispute' under the Act - Respondent was in the services of the appellant Corporation - He was dismissed from service on the ground of misconduct - Respondent approached the Cooperative Court challenging the order of dismissal - Appellant-corporation filed application for rejection of petition filed by resp;i1dent on the ground that the Cooperative Court set up under the Act did not have jurisdiction to entertain and decide the service dispute between the employer and employee, inasmuch as the dispute in question did not touch upon the business of the society and was not covered by provisions of s.91 - Held: Specific powers given to the Cooperative Court under the provisions of s.91 are of limited nature Clearly disputes between the cooperative society and its employees are not covered uls.91 - Dispute in question does not come within the scope of 'management or business of a society' uls.91 (I) - Therefore, the Cooperative Court did not have jurisdiction to entertain the claim filed by the respondent - Petition filed by respondent before the Cooperative Court not maintainable. F Maharashtra Cooperative Societies Act, 1960 - s.91(1) ~ Expression 'management or business of a society' - Discussed. |
Judge | Hon'ble Mr. Justice Arjan Kumar Sikri |
Neutral Citation | 2017 INSC 296 |
Petitioner | The Maharashtra State Cooperative Housing Finance Corporation Ltd. |
Respondent | Prabhakar Sitaram Bhadange |
SCR | [2017] 4 S.C.R. 723 |
Judgement Date | 2017-03-30 |
Case Number | 1488 |
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