Which court will have jurisdiction to try service matters of employees of co-operative society?

 It may be noted that the High Court, in the impugned judgment, has itself proceeded on the basis that if the dispute relates to reinstatement, the Cooperative Court will not have any jurisdiction. The main reason for conferring jurisdiction upon the Cooperative Court in the instant case is that the Cooperative Court has replaced the Civil Court and, therefore, powers of the Civil Court are given to the Cooperative Court. However, the High Court erred in not further analysing the provisions of Section 91 of the Act which spells out the specific powers that are given to the Cooperative Court and those powers are of limited nature. Our aforesaid analysis leads to the conclusion that the disputes between the cooperative society and its employees are not covered by the said provision. We may hasten to add that if the provision is couched in a language to include such disputes (and we find such provisions in the Cooperative Societies Acts of certain States) and it is found that the Cooperative Society Act provides for complete machinery of redressal of grievances of the employees, then even the jurisdiction of the Labour Court/Industrial Tribunal under the Industrial Disputes Act shall be barred having regard to the provisions of such a special statute vis-a-vis general statute like the Industrial Disputes Act {See-Ghaziabad Zila Sahkari Bank Ltd.2}.

18. As a result, this appeal is allowed, the order of the High Court is set aside and the Division Bench judgment, on which reliance is placed by the High Court in the impugned judgment, is overruled. As a consequence, it is held that the petition filed by the Respondent before the Cooperative Court is not maintainable. It would, however, be open to the Respondent to file a civil suit. Needless to mention, in such a civil suit filed by the Respondent, he would be at liberty to file application Under Section 14 of the Limitation Act, 1963 in order to save the limitation.

IN THE SUPREME COURT OF INDIA

Civil Appeal No. 1488 of 2017

Decided On: 30.03.2017

 The Maharashtra State Cooperative Housing Finance Corporation Ltd.

Vs.

 Prabhakar Sitaram Bhadange

Hon'ble Judges/Coram:

A.K. Sikri and R.K. Agrawal, JJ.

Citation: 2017(6) MHLJ 365

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Whether civil court has jurisdiction to entertain service matters?

 Learned counsel for the rival  parties  were  heard  at
length.  It is crystal clear  and an admitted  fact that the Suit  was
filed for enforcing the alleged right to get employed/appointed
in the Government service.  The law has provided forum in respect
of   service matters   and the   jurisdiction of the Civil Court is
explicitly as well as impliedly  barred.    The Courts below have,
therefore, clearly acted without jurisdiction.     
3. Mr.Tathod,   learned   counsel   for   the   respondent
submitted that the   issue of jurisdiction of the Civil Court was

never raised in the Court below.   That may be so;  but then   the
issue  about jurisdiction of the Civil Court in service matters is the
trite law and  the higher Court cannot ignore the clear prohibitions
for the Civil Court in entertaining and deciding the Suits in service
matters. That being so, I think the following order would subserve
the interest of  justice:­
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 BENCH AT NAGPUR, NAGPUR.

SECOND APPEAL NO.  196/  2013 
State of Maharashtra
Through : the President/Collector
Zilla Niwad Samiti, Akola.
V
Kavita   D/o  Shriram Nemade

CORAM:       A.B.CHAUDHARI,  J.
DATED:    19th June,  2014.

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