Law:

Section:

Co-operative Societies Act (II of 1912), S. 43 and Co-operative Societies Act (VII of 1925), S. 54-Arbitration-Service matters of employees-Held, not referable to arbitration under any of two Acts. Mohammad Sardar Khan, Advocate-on-Record for Peti­tioner. Nemo for Respondents Nos. 1 and 3. Bashir Ahmad Mian, Advocate, Supreme Court instructed by Mehdi Anwar, Advocate-on-Record for Respondent No. 2. Date of hearing : 10th March 1971. JUDGMENT SALAHUDDIN AHMED, J.--This petition for special leave to appeal arises out of an order of the erstwhile High Court of West Pakistan, Lahore, dismissing in limine the petitioner's writ petition wherein he challenged the legality of an order passed by the Secretary to the Government of West Pakistan, Co-operation Department, setting aside an order of the Assistant Registrar, Co-operative Societies, Jhelum. The petitioner is a Sub-Accountant in the Gujrat Central Co-operative Bank, Limited, Gujrat and he felt aggrieved over certain matters, namely ; that he was not confirmed although he was entitled to be confirmed as a Sub-Accountant ; that although he was entitled to promotion to the post of Junior Accountant, he was not so promoted ; that his pay scale was reduced to his prejudice ; that he was fined Rs. 10 by the respondent Bank without .intimating reasons therefore that although he had applied for leave to the Bank for certain days as earned leave, the latter treated those days as extraordinary lean; without pay ; and that the petitioner was wrongly held to have absented himself without sanction of leave. The petitioner claimed that on the basis of the agreement entered into between himself and the Bank at the time the former entered the Bank's service, these matters could be referred to arbitration, and ultimately the matters were referred to the Assistant Registrar for arbitration. The Assistant Registrar gave his award on 11-2-1969, in favour of the petitioner. The respondent Bank filed an appeal from this order of the Assistant Registrar before the aforesaid Secretary, Co-operative Department, Government of West Pakistan, respondent No. 1, who by his order dated the 7th June 1969, accepted the appeal and set aside the…

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