GRAPHIOUS

AN PRESENTATION ON CASE STUDY

PRESENTED BY
MR.MOHAMAD SAYEED & MISS.SONALI SURYATHAL

BEFORE THE JOINT REGISTRAR OF COCOOPERATIVE SOCIETIES MYSORE DIVISION ,MYSORE

DISPUTE NO/2005
Petitioner: k.Jayadevappa s/o Kariyappa Age about 43 yrs Working as Extension officer Grade 1 D.K District co-operative Milk Producers Union ltd Mangalore. co-

V/S
Respondents: Respondents: The Managing Director Dakshina Kannada District co-operative comilk producers union ltd,Mangalore. ltd,Mangalore.

Disputes filed under section 70(d) karnataka co-oprative cosocieties act ,1956
The Petitioner above named begs to submit as follows;

1.Working as Extension officer grade- 1 since grade29/06/1985 discharging his duty. 2. As per orders of the respondent organisation the official Memorandum No.KMF/R6TC/EOS/OFII/84, AnnextureAnnexture-1

3.He was appointed as extension officer as Grade III and salary of Rs 750 to 1500 & other allowances. 4.Discharged his duty sincerely . Not promoted yet .

5.He submitted many letters as he was the most senior person as he wanted the place of assistant manager. 6.As he was eligible with his experience and approved employees as per the list of seniority.

7.It is subsequently it has came to the knowledge that G.swamy setty was appointed as assistant manager affecting from 1/4/1995 with all other benefits. 8.As appointed G.swamy was still younger to him. 9. Stood 1st senior in the list 29/6/1995.

10.Neither favourable action nor any reply. 11. He had qualification and experience in MIS department without looking this G.swamy was appointed as extension officer directly.

12. It is submitted that above mentioned there is violation as per grant of employees of the organisation 31/3/1995 13. The petitioner was failed to get reply from the respondent organisation. organisation.

14.The cause of action arose on and after the board resolution 30/3/2005 no 8945/2004-2005 G.swamy was 8945/2004appointed as assistant manager by over looking seniority of the petitioner. 15.The petitioner had deposited requisits dispute fee under honourable authority.

prayer
The petitioner above named prays before this honorable authority to pass an award / order against the respondent directing the service of the petitioner from the post extension officer to assistant manager.

verification
He signed that the above paras said are correct as per his knowledge and information in token,singed this dispute at mysore. mysore.

Respondents Reply
BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES COMYSORE DIVISION ,MYSORE

Dispute no; D2: 84 2006200607

Objections / written statements filed by an on behalf of respondent.

Objections / Written statements filed by and on behalf of petitioner

1.The petitions question is false , misleading 2. Petitioner was appointed as executive officer grade III in 1985.& was appointed by KMF Bangalore , and his service was transferred to D.K Milk union . Memorandum dated 29/06/1985 by the respondent imposing certain terms and conditions and he joined the service , the petitioner had signed it.

3.It is not true that petitioner was not given any promotion , he was promoted to extension officer grade I

4. Petitioner submitted 4 representation on 6.3.1995 2.12.1997 3.5.2005 26.5.2005. 5. He demanded for the post of MIS officer but qualification required for post was M.A/ MSc statistics and he dint had the qualification.

6. Mr.G Swami shetty was given promotion because of his disputes JKM:DDS;17;95/96 before registrar puttur And Mr.G. swami was appointed as Assistant Mr.G. manager w.e.f from 1/4/1995 and on 24/10/2001 he was appointed as assistant manager (MIS)

7.There was no vacancy when the petitioner demanded for promotion. 8.Petitoner was given promotion to the post of extension officer GradeII w.e.f 13.19.1998 on the basis of based on seneiority. seneiority.

9. Mr.G swami he was given all financial benefits w.e.f 1/4/1995 as per the direction given by the court order and was paid 50% backwages for the period from 1/4/1995 to 31/10/2004.

10.Mr.G swami does not have the seneority but qualification to claim the said post of asst. manager MIS.

11. The petitioner did not have the required qualifications and experience in MIS department.If the claims of petitoner were genuine then definitely he would have raised the dispute at the earliest point of time.

12. Mr. shetty had a qualification of M.a post graduate degree holder and has diploma in marketing though he appointed as extension officer .later he got promoted to grade III officer.13/3/1995.on 16/10/1998 as grade II officer .

13.The seniority of the petitioner was duly considered while granting promotion to him in the year 1998 and 2005.

14. The respondent is kept in dark about the documents produced by petitioner ,no list of documents or copies are furnished to the respondent by the petitioner.

15.The petitioner was not deprived of any promotion or financial benefit s in the respondent establishment.

16.No cogent reasons are stated by the petitioner for the delay ,therefore the present petition is barred by limitation and it is liable to be dissmissed. dissmissed.

17.All other averments not traversed here in are also denied. 18.There was no approved post for the assistant manager vacant in the year 1995 in the respondent society . Registrar of co-operative society bangalore has the authority to grant coapproval for the post.

19.Following documents are produced along with this statement a.Official memorandum dtd 29.6.1985 of the respondent society. b.Copy of order dtd 01.12.1986 by KMF c. Copy of letter dtd 6.3.1995 by the petitioner

d. Copy of order dtd 2.12.1997 by the petitioner. e.Copy time bound order dtd of first 14.1.1992 f. Copy of second time bound order dtd 4.2.2003 g.Copy of C&R rules of the respondent society h.Copy of the oeder dtd 22.12.1987 by the Addl registrar of cocooprative societies (C&M)

i.Copy of the order dtd 25.07.1997 by the Addl registrar of co-oprative societies (I&M) coj.Copy of order of promotion dtd 13.10.1998 k.Copy of letter dtd 14.10.1998 by the petitioner l.Copy of the office order dtd 24.9.2005

m.Copy of the letter dtd 24.9.2005 by the petitioner n.Copy of draft seniority list dtd 29.5.1995 o.Copy of final seniority list dtd 25.3.1998

p.Copy of the office order dtd 30.3.1995 q.Copy of the office order dtd 16.10.1998 r.Copy of order dtd 24 10 2001 by the assistant RCS puttur. puttur.

s.Copy of compromise petition dtd in 2.3.2005 filed before the karnataka appellate tribunal , bangalore t.Copy of the proceedings before karnataka appellate tribunal , bangalore

u.Copy of the settlement made b/w sri swami shetty and respondent society v.Copy of the circular dtd 20.5.2005 w.Copy of the office order dtd 30.3.2005

x.Copy of the circular dtd 10.8.2005 y.Copy of the letter dtd 3.5.2005 by the petitioner z.Copy of the letter dtd 26.5.2005 by the petitioner

CONCLUSION;
For the reason stated in the paras the petition is not maintained either in law or on facts .Therefore it is prayed that this court may be pleased to dismiss the above petition in the interest of justice and equity.

THANK YOU