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2025 DAILYLAW 12421 (CHH)

Bhagirathi Chandrakar v. Jila Vipran Adhikari

WPS/905/2017 · 2025-04-08

Shri Rakesh Mohan Pandey

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:16502 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 905 of 2017 • Bhagirathi Chandrakar S/o Shri Budhram Chandrakar, Aged About 40 Years R/o Paterapara, Post Mahasamund Tahsil And District Mahasamund Chhattisgarh Pin 493445, Chhattisgarh ... Petitioner Versus • Jila Vipran Adhikari Chhattisgarh Rajya Sah. Vipran Sangh Maryadit Mahasamund Chhattisgarh. Pin 493445, Chhattisgarh ... Respondent For Petitioner : Ms. S.P. Sanant, Advocate holding the brief of Mr. Bansant Kaiwartya, Advocate For Respondent : Mr. Harshal Chauhan and Mr. Rajnish Singh Baghel, Advocates Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 08/04/2025 1. The petitioner has filed this petition seeking the following relief(s):- “10-1 ;g fd ekuuh; mPp U;k;ky; ls izkFkZuk gS fd mDr izdj.k ds leLr fjdkMZ dks ekuuh; U;k;ky; ds le{k cqyok;k tkos A 10-2 ;g fd mDr fo}ku vf/kuLFk U;k;ky; iath;d lgdkjh laLFkk,a] N0x0 ihBklhu vf/kdkjh Jh ts0ih0 ikBd iath;d lgdkjh laLFkk,a N0x0 }kjk mDr izdj.k esa ikfjr mDr vkns’k fnukad 25&11&2016 ¼mikca/k dz- ih@4½ dks [kkfjt@fujLr@vikLRk fd;k tk;s A 10-3 ;g fd mRrjoknh@vukosnd }kjk fnukad 15&09&2010 dks ;kfpdkdrkZ@vkosnd dh inPpqr@lsokeqfDr dks LFkfxr@mDr izdj.k ls LFkkbZ fujkdj.k rd LFkfxr fd;k tk;s rFkk mDr izdj.k ds LFkkbZ fujkdj.k rd ;kfpdkdrkZ@vkosnd dks mlds mDr in ij iqu% cgky@ukSdjh ij j[kk tkos A 10-4 ;g fd vU; dksbZ vkns’k tks fd ekuuh; U;k;ky; dh n`f"V esa mfpr ,oa U;k; laxr gks og Hkh fn;s tkus dh egrh d`ik gks A” Digitally signed by RAMESH KUMAR VATTI 2 2. The facts of the present case are that the petitioner was engaged as a daily rated employee under the respondent in the year 2001-02. The services of the petitioner were terminated by the respondent on 15.09.2010 and against that order, a case was filed before the learned Labour Court. The learned Labour Court dismissed the case filed by the petitioner on the ground that the petition against the Cooperative Society is not maintainable. A writ petition bearing Writ Petition (L) No. 41/2015 was filed challenging therein the order passed by the learned Labour Court and it was disposed of reserving liberty in favour of the petitioner to approach the Registrar, Cooperative Society according to the provisions of the CG. Cooperative Societies Act, 1960. The petitioner raised a dispute according to the provisions of Section 55 (2) of the Act, 1960 before the Court of Deputy Registrar, Cooperative Society, Raipur. The petitioner moved an application for the grant of interim relief and that was rejected vide order dated 30.04.2016. A revision was preferred against that order before the Registrar, Cooperative Society and it was also dismissed vide order dated 25.11.2016 and against the said order, the petitioner has filed this petition. 3. Learned counsel for the petitioner would argue that the Deputy Registrar, Cooperative Society and Registrar, Cooperative Society ought to have allowed the application moved by the petitioner for the grant of stay against the order of termination. He would pray to allow this petition. 4. On the other hand, learned counsels for the respondent would submit that revision was preferred before the Registrar, Cooperative Society against the interim order as no stay was granted by the learned Deputy 3 Registrar, Cooperative Society. They would further submit that the matter is subjudice before the Deputy Registrar therefore the petition deserves to be dismissed. 5. Heard learned counsel for the parties. 6. Admittedly, a dispute was raised before the Deputy Registrar along with an application for the grant of stay which was rejected vide order dated 30.04.2016. A revision was preferred before the Registrar, Cooperative Society and that was also dismissed vide order dated 25.11.2016. 7. Taking into consideration the fact that the services of the petitioner were terminated, no interim order was passed and the dispute raised by the petitioner is pending consideration before the Deputy Registrar Cooperative Society, no case is made out for interference after a lapse of 09 years. 8. However, the petitioner would be at liberty to pursue the pending dispute before the Deputy Registrar, Cooperative Society, if already not decided. 9. Consequently, the petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge vatti