GENERAL STAFF CO Vs. REGISTRAR CO

JUDGEMENT

(1.) The present writ petition under Art. 226 of the Constitution of India seeks to assail the common judgement dated 1.6.2012 passed by the Delhi Co-operative Tribunal (for short "DCT") in two common appeals as also the review judgement dated 19.12.2012. The appeals were dismissed with certain directions qua the challenge laid to the award dated 30.12.1998.

(2.) The dispute in a sense is in a narrow compass though it has dragged on for almost 28 years. The petitioner-Society constructed flats for its members. The amounts were paid to the contractor and for expenses the balance sheets were audited. There were members who subsequently were aggrieved by the quality of construction which was deciphered only after couple of years when the flats were used. This gave rise to a dispute between the aggrieved members of the Society. Ultimately there were ten (10) members who kept on agitating the issue.

(3.) It is not necessary to go into the details of the history but suffice it to say that proceedings were initiated before this Court and before different forums and ultimately the matter was referred for adjudication to an arbitrator who was a serving Superintending Engineer of the Repair and Rehabilitation Unit, Central Design Organisation, CPWD. The arbitrator made and published a detailed award dated 30.12.1998 finding merit in the plea of the aggrieved members. Along with the award a complete detailed chart of the costing of the flat as ought to have been done by the Society has been enclosed.