KARAMCHARI/ADHIKARI VETAN BHOGI SEHKARI RIN SAMITI (BHEL) (HEEP), BHEL, RANIPUR Vs. BHARAT HEAVY ELECTRICAL LTD

JUDGEMENT

(1.) HEARD Mr. Rajendra Dobhal, Senior Advocate assisted by Mr. Manoj Sah, Advocate for the petitioner and Mr. V.K. Kohli, Senior Advocate assisted by Ms. Vandana Singh, Advocate for respondent nos. 1 to 3.

(2.) THE petitioner is a cooperative society of the workers of Bharat Heavy Electricals Limited (from hereinafter referred to as BHEL) at Haridwar. All the members of the said cooperative society i.e. the petitioner are workers in BHEL. Many of the members of the society have taken a loan from the cooperative society and have defaulted. The petitioner has relied upon Section 40 of the Uttaranchal Cooperative Societies Act, 2003 (from hereinafter referred to as the "Act") read with Rule 215 of the Uttaranchal Cooperative Societies Rules, 2004 (from hereinafter referred to as the "Rules"). It is further stated that these provisions are pari materia to the earlier law applicable in the State of Uttarakhand i.e. Section 40 of the U.P. Cooperative Societies Act, 1965 read with Rule 197 of the U.P. Cooperative Societies Rules, 1968.

(3.) THE contention of the petitioner is that many of its members who are employees of BHEL have committed a default in the repayment of loan and since it is a society which runs on the contribution of its member, the society has no means for recovery of the said amount. However, the BHEL is not cooperating in the matter and although as per the provision under section 40 of the Act read with Rule 215 of the Rules, in the present eventuality where a person has committed default, it is binding on the employer i.e. BHEL to deduct the said amount from the salary of its member and to remit back to the cooperative society i.e. the petitioner, yet they have failed to do so inspite of the repeated reminders.