1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 4641 OF 2009 Dhule – Nandurbar Zilla Parishad Servants Co-operative Credit Society Ltd., & another .. PETITIONERS VERSUS Smt. Godawari Madhavrao Kulkarni & others .. RESPONDENTS Mr. V.B. Patil, Advocate for the petitioners. Mr. P.B. Patil, Advocate for respondent no. 1. Mr. D.R. Kale, AGP for respondent no. 2. Mr. S.T. Shelke, Advocate for respondent no. 3. ===== CORAM : R. M. BORDE, J. DATE : 16 th November, 2009 PER COURT : 1 Heard. 2 Petitioners are raising exception to the interim order passed by the co- operative court on application tendered by respondent claiming injunction against the petitioner / society which order has been confirmed by the co- operative appellate court, Aurangabad on 23-3-2009. 2 3 Bye-laws of the society prescribe disqualification for being member of the society if the services of the member of Zilla Parishad either stand transferred to the State Government or if such an employee stands retired on attaining age of superannuation or seeks voluntary retirement. Relying upon the bye-laws approved by the State Government, the society contends that as the services of the respondent / employee stood transferred to State Government, she is not entitled to continue as the member of the society as well as holding office of director of the society. Relying upon this assumption, an order in respect of termination of membership came to be issued by the society which is subject matter of dispute pending before the co-operative court. In pending dispute, application came to be tendered by the employee / respondent herein seeking restrain order against the society. Employee disputes the contentions raised by the society that she is employee of the State Government and as such by virtue of the bye-laws she has incurred disqualification for continuing as member of the society. The co-operative court, Jalgaon after considering the rival contentions, granted the application tendered by employee / respondent herein and clamped order of injunction against the petitioner. Order passed by the co- operative court has been confirmed by the co-operative appellate court. The main point that is required to be dealt with by the co-operative court 3 while considering the application tendered by respondent is as to whether the services of the employee / respondent stood transferred to the State Government or whether she continues to remain employee of the Zilla Parishad. The question is required to be determined after receiving evidence that would be led by the parties before the trial court. In this scenario, it would be appropriate to issue directions to the co-operative court to decide the pending dispute within specified time. In this view of the matter, no interference is called for in the instant writ petition in exercise of powers under Article 227 of the Constitution of India. However, co-operative court, Jalgaon is directed to decide the pending dispute by the end of March 2010 after extending opportunity of hearing to the parties concerned. Petition stands rejected summarily. ( R. M. BORDE, J.) dyb/office/wp4641.09.odt