TANAJI JAMDADE (LAWYER) 23 August 2024

Labour court

I have one query as regards the whether complaint of reistatement in the employment of bank service before labour court? after filing of the complaint before labour court subsequently bank goes into liquidation and liquidator apponted in the bank and RBI cancel the banking licence too.

so the co operative bank when the notice is mandatory before filing of complaint into labour court under maharashtra co operative act section 164 notice provision applicable?

so may kindly labour court barred to entertain the complaint if not comply sec 164 notice ?

pls explain

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T. Kalaiselvan, Advocate (Advocate) 23 August 2024

The notice is mandatory and cannot be waived. If a suit is filed without notice, it is not maintainable. However, non-compliance with section 164 is a defect that affects the maintainability of the suit, but it doesn't affect the court's jurisdiction. In such a case, the decree would be contrary to the law, but it would not be a decree passed by a court without jurisdiction.

Section 164 of the Maharashtra Cooperative Societies Act, 1960 states that no suit can be filed against a cooperative society or its officers without notice. The notice must be in writing and delivered to the Registrar or left at their office. The notice must include the following information:

The cause of action

The name, descripttion, and place of residence of the plaintiff

The relief the plaintiff is claiming

A statement that the notice was delivered or left

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TANAJI JAMDADE (LAWYER) 23 August 2024

But sir the Labour court in the matter of reinstated of service issue triable by labour court?

T. Kalaiselvan, Advocate (Advocate) 23 August 2024

If you want to pursue the matter through labor law then it is your decision or you can exercise the option to pursue the same through civil court too.

Labour court

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