High Court Karnataka High Court

G Manja Naik vs Shimoga Milk Union Limited on 26 November, 2010

Karnataka High Court
G Manja Naik vs Shimoga Milk Union Limited on 26 November, 2010
Author: V.Jagannathan
 "  srfiihcga Milk tjfiiofiLim:ted

  E5.hii11o_f_%fi  

 L 2. M5; :3.ir',G5pa1

.. Agfid about 52 years
'  Managing Director

  .. ,_?é/iachanhalli, Nidigc: Post

IN THE HIGH COURT' OF KARNATAKA AT BArmAL<:_m:;:'-'._"_*~V__
DATED THIS THE Qcam DAY 0;? NOVEMBER "   *' 

BEFORE

THE HON'BLE MRJUSTICE  4'    - T 1:'
Writ Petition N0. 32      h
Between:   "   V'
G.MaI1ja Nail:

Aged about 45y:ar$- ._ 1;
Sjo late  ~ "
R/0 Bevubefla    .
No.35, ;    
1.

” Crests, Shiinsaga _’ _ .. Pctifioner

{By Sr:

And:

Iv!-a::i1t:1L’1al1i;. Nidigt: Post

~§ife–p1″esef1tL€d'[;;¥3§.’ its Managing Director

S/0 }N${If.TI’1iIflfl1i811

‘S11imoga Milk Unian Limited

Shfingga _ _ Q e SPOH C1

This writ petition is filed under AI’f;iCl€S 1226 and
22′? of the Constitution of India praying ta quash the
susp€:nsi0r1 order cit. 19.08.2010 vide Ann—A. issued

Sn Ramakrishnaiah, under various sections of’

mac and also under Section 3(1)(:-;) of the

Castes] Scheduied Tribes Preventiozi’ of

and the matter is pending in CC

fiie of the Principe} Civil (Sertinrxijrivttswvimdn)

Shixnoga. It is the case of can
account of the aforesaié him, he
was subjected.» “tints? by maiiing
false a1legation””~_,agajnst§f’.f he was also
transferred ‘ from Davangere Union and

even the respendents ttvanted the petitioner to

5 teitnasémv-as the campaign: filed by him. As the

agreed to the said demand of the

t res1jendent.s_,ft}1e petitioner was served with an order

AAst1spe:1§§ien dated 19.08.2010 as per A:1nexure«A

e.a13§i9*»–tl§erefore, the pet;i3:.io11er seeks quashing of the

T .:’_”aforesaid suspension order and in the meanwhile, to

” ” grant him the interim prayer of staying the order of

suspension. %-

4;

3. Learned counsel for the petitioner

that except saying that complaints were rjeceivedi

against the petifioner, the order of”‘snspe–iisi_oii’irioesjb

not indicate any other material so D’-as tOi”‘N.c:iI’I”‘

suspension of the petitioner. ‘ o ,

4. Having regard to the aforesaid su-binissiions

put forward and the iiattire iii’. reiief by the
petitioner, in yiew,” iiéis got an

aiterriatitfc the Registrar and

by virtue of TAO-{ 1)(c) the dispute between the

iisocietya its emoiojrees will have to M decided by

no other courts will have

i jurisdiction entertain any suit or proceeding in

“”–..reSpectz such dispute. Under the above

‘” s.circnrr;stances, the remedy is for the petitioner to

‘:_”‘;i1–oire the Registrar under Section ‘”/’G of the

9’ Kariiataka (3o–opera’tiv/e Societies Act, 1959 and as

such, without going into the nierits of the case. this

petition is disposed of by directing the petitioner to

%

\!

U1

seek relief from the Registrar of Co–op<f;.1.';5i1i:1viéL:'–.:..
Societies, in accordaxzce with law. If the is

moves the Reg'st':rar under Sect;i0'1"1*–7i)fi '
operative Societies Act, the sarrne

in accordance with law expedi'i;iQi;1~sl_v. '