ASHOKA HOTEL EMPLOYEES CO Vs. DELHI CONSUMERS CO

JUDGEMENT

(1.) Shri C.S. Bhardwaj, Registrar's nominee made and published his award on 22.6.70 by which Delhi Consumers Co-operative whole-sale Stores Limited was awarded a sum of Rs. 21,807.31 against Ashoka Hotel Employees Co-operative Stores Ltd. The petitioner filed an appeal before the Tribunal on 19.1.1971. This appeal was dismissed on 27.5.72 on the short ground that it was barred i by time. By filing the present petition, The Ashoka Hotel Employees Co-operative Stores Ltd. seek an appropriate order or direction calling for the record and setting aside the impugned order.

(2.) The contention of the learned counsel for the petitioner in brief is that on 22.6.1970 at the conclusion of the hearing Sh. C.S. Bhardwaj, the Registrar's nominee, informed the petitioner's representative that he shall announce his award and the intimation thereof shall be sent to the parties. According to the learned counsel no intimation of the award having been given, was ever communicated to the petitioner but the Honorary Secretary of the petitioner Stores of its own came to know of the publication of the award on 26.2.70. The petitioner immediately applied for the certified copy of the award which was delivered to them only on 12.1.71. The present appeal under these f circumstances cannot be said to be barred by limitation. In the alternative his submission is that his petition before the Tribunal was a ; comprehensive one. It could be treated as a revision for which no limitation is prescribed U/s 63-A of the Bombay Co-operative Societies Act, as extended to Delhi. The learned Co-operative Tribunal should have decided the revision itself.

(3.) I have carefully considered the arguments advanced by the learned counsel for the petitioner at the Bar but unfortunately had no occasion to hear the counsel for the respondent, This case has been on the daily board since 28.4.86 and till today nobody on behalf of the respondent has cared to put in appearance or contest it this petition. Prima facie I am inclined to agree with the submissions of the learned counsel for the petitioner.