MAHADEVAN Vs. SREEDHARAN NAIR

JUDGEMENT

(1.) The short question that arises for determination in this case is whether the dispute that has arisen between the petitioner and the third respondent, the Kerala University Cooperative Stores Limited, No. 1955, a Cooperative Society registered under the Travancore - Cochin Cooperative Societies Act, 1951, is one which would fall under S.60 of the said Act reading as under:

(2.) The admitted facts are that the petitioner happened to be a clerk for some time in the third respondent society. Later, he was promoted as Head clerk and finally designated as Manager, in the year 1943. In that capacity, he worked for 17 years. He apparently was also conducting a Printing Press during this period of 17 years. It is submitted that the Society's printing work was done by the petitioner in his Press. It is also a fact that very large amounts moved from the Society to the Printing Press during this period and the averment in para 6 of the plaint that was presented before the Registrar is in these terms:

(3.) I understand the allegations in the above paragraph to mean that the petitioner, while he was Manager, misappropriated the funds belonging to the society and utilised them for the Printing Press. If that be so, none of the questions of law mooted before me arises for decision. While he was the Manager, he allowed huge sums of money belonging to the society to be locked up in his business. The petitioner, being a past servant of the Society, such a dispute relating to the claim of the Society, will definitely fall under S.60(1)(c) of the Act. So the reference made by the Registrar under S.60(2) to the first respondent is correct and I see no reason to set aside the reference or Ext. P. 5.