LexTHE MAHARASHTRA STATE COOPERATIVE HOUSING FINANCE CORPORATION LTD. versus PRABHAKAR SITARAM BHADANGE
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[2017] 4 S.C.R. 723 THE MAHARASHTRA STATE COOPERATIVE HOUSING A FINANCE CORPORATION LTD. v. PRABHAKAR SITARAM BHADANGE (Civil Appeal No. 1488 of2017) MARCH 30, 2017 [A. K. SIKRI AND R. K. AGRAWAL, JJ.] B Maharashtra Cooperative Societies Act, 1960 - s.91 - Jurisdiction of- Cooperative Court to decide 'service dispute' under C 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 D 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 E - 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. Allowing the appeal, the Court HELD: 1.1 On perusal of provisions of s.91, a firm conclusion is arrived at, that service dispute between the employees of a cooperative society and the management of the society are not covered by ~he aforesaid provision. The context · in which the word 'oj]icers'is used is altogether different, namely, election of the committee or its officers. Thus, the word 'officers' 723 G H 724 SUPREME COURT REPORTS [2017] 4 S.C.R. A has reference to elections. It is in the same hue expression 'officer' occurs second time as well. [Para 11] [731-C] 2. The expression 'business of the society' would not cover the service matters of employer and employee. It is crystal clear that dispute in question does not come within the scope of B 'business of the society'. Also, the dispute cannot be treated as dispute relating to 'management of the society'. Thus, clearly the dispute raised by the respondent is not covered within the meaning of Section 91 of the Act and, therefore, the Cooperative Court does not have the jurisdiction to entertain the claim filed C by the respondent. [Paras 12-14) [731-D, E; 732-E; 733-q 3. The provisions of Section 91 of the Act spells out the specific powers that are given to the Cooperative Court and those powers are of limited nature. The disputes between. the cooperative society and its employees are not covered by the said provision. As a consequence, it is held that the petition filed D by the respondent before the Cooperative Court is not maintainable. It would however, be open to the respondent to file a civil suit. [Paras 16 and 18)(733-G; 734-F] E F G H Deccan Merchants Coop. Bank Ltd. v. Dalichand Jugraj Jain [1969) 1 SCR 887; Coop. Central Bank Ltd. v. Addi. Industrial Tribunal (1969) 2 SCC 43 : [1970] 1 SCR 206; Marinda Coop. Sugar Mills Ltd. v. Marinda Coop. Sugar Mills Workers' Union (2006) 6 SCC 80 : [2006) 3 Suppl. SCR 473 - relied on. Pralhad Vithalrao Pawar v. Managing Director, Kannaded Sahakari Sakhar Karkhana Ltd. & Anr. 1998 - (3) Mh.L.J. 214; Executive Committee of Vaish Degree College, Shamli & Ors. v. Lakshmi Narain & Ors. (1976) 2 SCC 58: (1976] 2 SCR 1006; Ghaziabad Zita Sahkari Bank Ltd. v. Addi. Labour Commissioner & Ors. (2007) 11 SCC 756 : [2007] 1 SCR 1007;Dharappa v. Bijapur Coop. Milk Producers Societies Union Ltd. (2007) 9 SCC 109 : [2007) 5 SCR 729;Gujarat State Cooperative Land Development Bank Ltd. v. P.R. Mankad & Ors. (1979) 3 SCC 123; R.C. Tiwari v. MP. State Cooperative Marketing Federation Ltd. & Ors. (1997) 5 SCC 125 - referred to. THE MAHARASHTRA STATE COOPERATIVE HOUSING FINANCE 725 CORPORATION v. PRABHAKAR SITARAM BHADANGE Case Law Reference 1998 (3) Mh.L.J. 214 referred to Para 5 [1976] 2 SCR 1006 referred to Para 7 (2007] 1 SCR 1007 referred to Para9 (2007] 5 SCR 729 referred to Para9 [1969] 1 SCR 887 relied on Para 13 (1
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