S.B.CIVIL WRIT PETITION NO. 5170/2010 (Durga Ram vs. Barmer Central Cooperative Bank Ltd. & Ors.) Order dt: 26/5/2010 1/3 S.B.CIVIL WRIT PETITION NO. 5170/2010 (Durga Ram vs. Barmer Central Cooperative Bank Ltd. & Ors.) DATE OF ORDER : 26/5/2010 HON'BLE DR.JUSTICE VINEET KOTHARI Mr.Moti Singh, for the petitioner. Petitioner has come to this Court with the case that he was appointed as Assistant Manager by the respondent Ishrol Gram Seva Sahakari Samiti Limited, a Cooperative Society governed by the Rajasthan Cooperative Societies Act, 2001 and the relevant service rules framed in 2003 and as amended by the Rules of 2008. Learned counsel for the petitioner submits that after his appointment by resolution dated 1.4.2007, the petitioner services were satisfactory but without any valid rhyme or reason, the Chairman of the said Cooperative Society has orally terminated his services after 1/3/2010. Upon query from the Court, the learned counsel brought to the notice of the Court that said Rules under Rule 40 provides for an S.B.CIVIL WRIT PETITION NO. 5170/2010 (Durga Ram vs. Barmer Central Cooperative Bank Ltd. & Ors.) Order dt: 26/5/2010 2/3 appeal to the higher authority in case of any grievance arising under the said service rules. Vide Schedule D of Rule 40 of the said Rules, the Assistant Manager can appeal, in the first instance, to the Deputy Registrar of the concerned District and a second appeal lies to the Divisional Joint Registrar. In view of the fact that alternative remedy is available to the petitioner, merely because the termination was by an oral order, it cannot be said, as contended by the learned counsel, that appeal would not be maintainable & the alternative remedy provided to the petitioner and his likes can be held to be effective if the grievance raised by such an employee is covered by these Rules and is heard by such appellate authority and, therefore, even if there is no written order passed by the Chairman of said Cooperative Society, as contended by the learned counsel for the petitioner, he can file appeal and raise his grievance in this regard and said authority is expected to look into the said grievance and decide the appeal in accordance with law. There is another difficulty in maintaining the writ petition under Article 226 of the Constitution of India if the petitioner is treated to be a workman in the said Cooperative Society, raising industrial S.B.CIVIL WRIT PETITION NO. 5170/2010 (Durga Ram vs. Barmer Central Cooperative Bank Ltd. & Ors.) Order dt: 26/5/2010 3/3 dispute under the Industrial Disputes Act, 1947 is the another remedy which is available to the petitioner which should be availed. In the facts and circumstances of the case, yet another difficulty in maintaining the present writ petition is that the said Cooperative Society is not a State within the meaning of Article 12 of the Constitution of India & prima facie the writ petition would not be maintainable. In view of the aforesaid situation, the petitioner is relegated to the remedy by way of filing appeal to the concerned authority under the relevant Service Rules and the said authority is expected to look into the appeal on merits and decide the same in accordance with law expeditiously. The writ petition is disposed of as aforesaid. Copy of this order be sent to the opposite side forthwith. (DR.VINEET KOTHARI), J. item no. 40 baweja/-