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K.C.C.Bank Employees v. Regr.of Co-Op.

Orissa HC12 Nov 2020OJC/6520/2002

Case brief

AI extract

What is this about?

This single-judge division bench quashed the Registrar of Cooperative Societies order for being contrary to an affirmed Industrial Tribunal award. It directed the respondents to work out the employees' union claim immediately, awarding 6% interest for any delay.

What did the court decide?

The impugned order of the Registrar of Cooperative Societies dated 03.05.2002 is set aside. The respondents are directed to work out the claim of the employees' union in terms of the Industrial Tribun

K.C.C.Bank Employees Vs Regr.of Co-Op. — Pension and Retirement Benefits | Orissa HC (2020)

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O.J.C. No.6520 of 2002

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12.11.2020 This matter is taken up through video

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conferencing.

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Heard Sri Swain and Sri Behera learned counsel

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for the respective parties.

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This writ petition involves the following prayer : “It is therefore most respectfully prayed that this Hon’ble Court be graciously pleased to :

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(i) Pass an appropriate writ in the nature of certiorari, mandamus or any other writ(s) direction/order quashing he impugned order no.6369/XIV-77/2000 BK-3, dated 3.5.2002 passed by Registrar of Cooperative (O.P.-1), and

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(ii) Pass such other or further order(s)/direction(s) as this Hon’ble Court may deem fit and proper in the interest of justice.

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And for which act of kindness, the petitioners as in duty bound shall ever pray.”

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From the submissions it appears there is allegation that the impugned order at Annexure-1 remains contrary to the direction contained in the award of the Industrial Tribunal in Annexure-2. It is at this point of time, this Court finds, involving the very same award passed in I.D. Case No.22 of 1989 and also involving the rejection of the review application by the Industrial Tribunal involving the same award, State of Orissa filed O.J.C. No.12365 of 1995 in this court which appears to have been dismissed ultimately by a Division Bench of this Court by its order

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dated 14.12.2016. There is no doubt that the award involving I.D. Case No.22 of 1989 remains affirmed.

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It is in this view of the matter, this Court finds, the order of the Registrar, Co-operative Societies dated 03.05.2002 since remain contrary to the award of the Tribunal indicated herein above, On this premises alone, the order of the Registrar, Co-operative Societies dated 03.05.2002 appearing at Annexure-1 remains unsustainable. This Court accordingly interfering in the order vide Annexure-1 sets aside the same and directs the opposite party no.1 Registrar, Co-operative Societies as well as opposite party no.2 to work out the claim of the employees Union, if not worked out in the meantime in terms of the direction passed in I.D. Case No.22 of 1989. In the event, there is delay in releasing the benefit in terms of the award passed in I.D. Case No.22 of 1989, the beneficiaries will also be benefited with 6% interest all through.

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With the above direction and observation, the writ petition stands disposed of.

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Petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notification No.4587 dated 25.3.2020.

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……………………………. Biswanath Rath, J.

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kcb

K.C.C.Bank Employees v. Regr.of Co-Op.

Case brief

What is this about?

What did the court decide?

K.C.C.Bank Employees v. Regr.of Co-Op.

Case brief

What is this about?

What did the court decide?

What the court decided

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