LAWS(MAD)-2013-7-155

P ELIAS Vs. SPECIAL OFFICER

Decided On July 26, 2013
P Elias Appellant
V/S
SPECIAL OFFICER Respondents

JUDGEMENT

(1.) Certain important legal issues, such as, "whether Section 87 and Section 90 of the "Tamil Nadu Co-operative Societies Act" are mutually exclusive" and "whether the loss caused to the society by an officer by the act of misappropriation will be a dispute touching the business of the society in terms of Section 90 of the Tamil Nadu Co-operative Societies Act" etc., have come up for consideration in these writ petitions.

(2.) The Petitioner in both the writ petitions was the Special Officer of the "Kumari District Tailoring Women Development Cottage Co-operative Society Limited", Nagercoil, (hereinafter referred to as "Society") during the period between November 1988 and August 1994. The said Society is governed by the "Tamil Nadu Co-operative Societies Act, 1983". The Special Officer, who succeeded him, representing the Society, raised a dispute in A.R.C.No.1/94-95 dated 11.12.1995, under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983 before the Industrial Co-operative Officer / Arbitrator, Valliyur, making the following claims under seven heads:-

(3.) During enquiry, on the side of the Society, as many as three witnesses were examined and eight documents were exhibited. On the side of the petitioner, he was examined as R.W.1 and as many as four documents were exhibited. Having considered all the above, the Arbitrator passed an award on 03.10.1996, wherein, he has held as follows: