K G RAJASHEKAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant was respondent No. 4 in Writ petition No. 9764/2007. The aforesaid Writ Petition was filed by the respondent-4 in this appeal.

(2.) ACCORDING to the Writ Petitioner, it is a Co-operative Society registered under the provisions of the Karnataka Co-operative Societies act (hereinafter referred to as the Society ). The appellant herein has borrowed a sum of Rs. 5,000/- as loan on 25. 11. 1994 and he also stood as surety for one K. R. Ramachandraiah who had also borrowed a loan of rs. 5,000/- on 21. 10. 1994 and that the appellant herein had executed an agreement in favour of the society giving liberty for it to recover at the rate of Rs. 1,000/- per month out of his salary through his employer. The society raised a dispute under Section 70 of the Karnataka Co-operative societies Act against the appellant herein for recovery of the loan amount and an award has been passed. Thereafter an order of attachment is also obtained by the Society. Thereafter the society requested the employer of the appellant herein to deduct an amount Rs. 1,000/- per month from out of the salary of the appellant invoking the provision of Section 34 of the k. C. S. Act, 1959. Since the employer of the appellant did not deduct the amount as requested by the Society inspite of an order of attachment, the aforesaid Writ Petition was filed requesting the Court to issue a writ of mandamus directing the respondents-2 and 3 herein to deduct the amount from out of the salary of the appellant in terms of Section 34 of the KCS act. The appellant herein did not file any objections to the Writ Petition. The Writ Petition was heard on merits. The learned Single Judge after considering the provisions of Section 34 of the K. C. S. Act, 1959 and relying upon Annexure-B which is an authorisation issued by the appellant to the society to recover out of his salary as required under Section 34 (1) and (2) of the K. C. S. Act, allowed the Writ Petition. Being aggrieved by the same, the present appeal is filed.

(3.) ACCORDING to Mr. Prakash Shetty, the learned Single Judge has committed an error in not considering the effect of obtaining an award under Section 70 of the K. C. S. Act raised by the society. According to him, when an award is passed, Section 34 cannot be pressed into service by the creditor of the appellant. He further submits that there was no privity of contract between the employer of the appellant and the society. Therefore, he requests the Court to set aside the order passed by the learned Single judge.