Dismissed

Sou. Chandraprabha Devendra Agase v. Solapur Mahanagarpalika Sarvasadharan Sevakanchi Sahakari Path Sanstha (M) and Ors.

Bombay HC29 Jul 2019WP/11898/2017

Case brief

AI extract

What is this about?

The High Court in Bombay dismissed a writ petition filed by an employee challenging the jurisdiction order of the Cooperative Court regarding illegal dismissal. The court observed the petitioner's submission relying on the Supreme Court judgment but disposed of the petition as withdrawn with liberty to approach the competent forum.

What did the court decide?

The writ petition stands disposed of as withdrawn with liberty to the petitioner to agitate his claim qua dismissal before the competent forum.

Sou. Chandraprabha Devendra Agase Vs Solapur… — Cooperative Societies | Bombay HC (2019)

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ISM

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1 1.11898.17 wp.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 11898 OF 2017

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Sou. Chandraprabha Devendra Agase .....Petitioner

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V/s.

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Solapur Mahangarpalika Sarvasadharan .....Respondents Sevakanchi Sahakari Pat Sanstha (M) and others

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Mr. Ajit V. Alange for the Petitioner

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CORAM : NITIN W. SAMBRE, J.

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DATE : JULY 29, 2019.

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P.C.

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The petitioner was a disputant before the Cooperative Court,

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Solapur in Dispute No. CC1393/2004 wherein a claim for illegal dismissal from the services of a Cooperative Societies was agitated.

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2 The Cooperative Court vide order dated 27/07/2016, on

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merit, adjudicated the claim of the petitioner and dismissed the dispute which was confirmed in Appeal No. 89 of 2016 vide order

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2 1.11898.17 wp.doc

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dated 23/01/2017.

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3 The submissions of the learned counsel for the petitioner are, in view of the Judgment of the Apex Court in the matter of The

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Maharashtra Cooperative Housing Finance Corporation Ltd. Vs. Prabhakar Sitaram Bhadange¹ , the Cooperative Court has no jurisdiction to entertain the dispute in relation to service matter of an employee of a Cooperative Society. According to him, both Judgments are liable to be set aside with liberty to the petitioner to canvass his claim before the competent forum.

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4 In view of the fact that the issue is squarely covered by the aforesaid Judgment of the Apex Court delivered in The Maharashtra Cooperative [cited supra], a motion is made by the learned counsel for the petitioner in response to the Court's query for withdrawal of the petition.

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