Over 2 lakh Indian cases. Search powered by Google!

Case Details

UMMED ALI versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

Case Law Search

Indian Supreme Court Cases / Judgements / Legislation

Judgement


Ummed Ali v. State Of U.P. And Others - WRIT - A No. 15443 of 2007 [2007] RD-AH 5176 (22 March 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari, J

Heard Sri A.K. Mishra, counsel for the petitioner, Sri Rizwan Ali Akhtar, Standing counsel assisted by S/Sri Mukulji Verma and Swapnil Kumar, brief holders for the respondents and perused the record.

The petitioner was appointed as Accountant in the office of the Committtee of Management, Muzaffarnagar West Kisan Sewa Sahkari Samiti Ltd., Muzaffarnagar- respondent no. 4.  He was given charge of Secretary of the aforesaid society vide order dated 30.1.1997.

Though the petitioner was working as Secretary of the aforesaid society,  he was not being paid salary of the said post, as such, he filed Civil Misc. Writ No. 11151 of 2001 before this Court, which is still pending.

In the meantime, the petitioner filed as many as 16 writ petitions and thereafter instituted yet another Civil Misc. Writ No. 31387 of 2003 which was dismissed with costs of Rs.10,000/- on the ground of filing large number of writ petitions.

Aggrieved, the petitioner filed Special Appeal No. 227 of 2004, which too was dismissed.

It is averred in the isntant writ petition that the records and funds of the society were seized in January 1998 and were handed over to one Sri Sushil Kumar Tyagi, Managing Director, Charthawal and later on vide order dated 27.2.1999 passed by the District Assistant Registrar, Muzaffarnagar, earlier orders were cancelled and Sri Sushil Kumar Tyagi was divested with the charge of the aforesaid society. Position of the petitioner as Secretary of the aforesaid society was resored and he was permitted to work as Secretary of the society but the records of the society and funds were not handed over to him, instead, the same were handed over to Sri Dharamvir Gupta, respondent no. 5.

Aggrieved, the petitioner filed Civil Misc. Writ No. 8262 of 2002, which is still pending.

The contention of counsel for the petitioner is that on false allegations against the petitioner, charge of the office of Secretary and the entire record, including cash etc., of Kisan Sewa Sahakari Samiti, Muzaffarnagar West was given to Sri Sushil Kumar Tyagi, the cadre Secretary of Charthawal Kisan Sewa Sahakari Samiti; and that Sri Dharamvir Gupta- respondent no. 5 filed arbitration case no. 18/2005-06 against the petitioner which is not at all maintainable in view of Section 70 of the U.P. Co-operativr Societies Act, 1965 (hereinafter referred to as ''the Act') which provides that no case in between the society and its employees can be referred to arbitration.  However, the Arbitrator has passed the impugned award dated 2.1.2007, which is under challenge in ths instant writ petition.

By the impugned award the Arbitrator has held that :-

"                            fu.kZ;

  vr% U;k;fgr esa oknh lfefr dh vksj ls ;ksftr fd;s x;s lkylh okn dh /kujkf'k eq0 97]705-00 #0 esa ls izfroknh Jh mEesn vyh ds Onkjk izkIr fd;s x;s osru dh /kujkf'k eq0 90]966-00 #0 dk Hkqxrku foHkkxh; vuqefr@ lfefr ds lapkyd e.My dh cSBd fnukad 14-8-96 ds iz0 la[;k ¼2½ esa fy;s x;s fu.kZ; ds vk/kkj ij izkIr fd;s tkus ij] izfroknh Jh mEesn vyh dks mDr /kujkf'k ls eqDr fd;k tkrk gS rFkk lkylh okn dhs 'ks"k /kujkf'k eq0 6739-00 #0 ¼N% gtkj lkr lkS mUrkfyl #Ik;k½ ,oa ml ij gh rkjh[k 18% C;kt dh fMxzh izfroknh Jh mEesn vyh ds fo#) nh tkrh gSA oknh dks funsZf'kr fd;k tkrk gS fd mDr /kujkf'k dh olwyh gsrq fu;ekuqlkj dk;Zokgh djsaA fu.kZ; vkt fnukad 2-1-2007 dks esjs gLrk{kj ,oa lhy ls fuxZr fd;k x;k A

fnukad 2-1-07                       g0 vLi"V

                               e/;LFk @ l;aqDr fucU/kd

                                lgdkjh lfefr;kW] m0iz0]

                              lgkjuiqj e.My ] lgkjuiqj A"

Section 70 of the Act, for ready reference, is as under :-

" 70. Disputes which may be referred to arbitration9  (1) Notwithstanding anything contained in any law for the time being in force, if any dispute relating to the constitution, management or buriness of a co-operative society other than a dispute regarding disciplinary action taken against a paid servant of a society arises :-

(a) among members, past members and person claiming through members, past members and deceased members ; or

(b) between a member, past member or any person claiming through a member , past member or deceased member, and the society, its committee of management or any officer, agent or employee of the society, including any past officer, agent or employee; or

(c) between the socieity or its committee and any past committee, any officer, agent or employee or any past officer, past agent or past employee or the nominee, heir or legal representative of any deceased-officer, deceased agent or deceased employee of the society ; or

(d) between a co-operative socieity and any other co-operative society or societies;

such disputes shall be referred to the Registrar for action in accordance with the provisions of this Act and the rules and no Court shall have jurisdiction to entertain any suit or other proceeding in respect of any such dispute:

       Provided that a dispute relating to an election under the provisions of this Act or rules made thereunder shall not be referred to the Registrar until after the declaratiion of the result of such election.

(2) For the purpose of sub-section (1), the following shall be deemed to be included in dispute relating to the constitution, management or the business of a co-operative society, namely-

(a) claims for amounts due when a demand for payment is made and is either refused or not complied with whether such claims are admitted or not by the opposite party;

(b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as a result of the default of the principal debtor or whether such debt or demand is admitted or not;

(c) a claim by a society for any loss caused to it by a member, officer, agent or employee including past or deceased member, officer, agent, or employee whethere individually or collectively and whether such loss be admitted or not; and

(d) all matter relating to the objects of the society mentioned in the bye-laws as also those relating to the election of office bearers.

(3)     If any question arises whether a dispute referred to the Registrar under this Section is a dispute relating to the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any Court."

Sub-clause (3) of Section 70 of the Act clearly provides that If any question arises whether a dispute referred to the Registrar under  Section 70 of the Act is a dispute relating to the constitution, management or the business of a co-operative society, the decision thereon of the Registrar shall be final and shall not be called in question in any Court.

Contention of counsel for the petitioner is that the society itself is not at all interested in recovering the goods, funds etc., but since the petitioner is still holding the post of Secretary of the Society, in question, he has filed the instant writ petition.

The aforesaid contention of counsel of the petition is misconceived. If the petitioner is aggrieved by non-action of the society or is of the opinion that the dispute pertains to Section 70 of the Act, he may move the Registrar under Section 70(3) of the Act.  

The petitioner has alternate remedy before the Registrar and, therefore, the writ petiton is not maintainable.

For the reasons stated above, the writ petition fails and is dmissed on the ground of availability of alternate remedy.  No order as to costs.

Dated 22.3.2007

kkb


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

Advertisement

dwi Attorney | dui attorney | dwi | dui | austin attorney | san diego attorney | houston attorney | california attorney | washington attorney | minnesota attorney | dallas attorney | alaska attorney | los angeles attorney | dwi | dui | colorado attorney | new york attorney | new jersey attorney | san francisco attorney | seattle attorney | florida attorney | attorney | london lawyer | lawyer michigan | law firm |

Tip:
Double Click on any word for its dictionary meaning or to get reference material on it.