V.K.S. CHAUHAN Vs. U.P. CO

JUDGEMENT

(1.) Heard the learned counsel for the parties at some length and have also gone through the affidavits exchanged between them. A preliminary objection was raised by Sri Dixit appearing for respondents. It was urged that the U. P. Co-operative Spinning Mill Federation of which the petitioner was an employee, is not an instrumentality of the State so as to attract the application of Article 14 of the Constitution of India, and consequently, this court cannot entertain the petition. The second preliminary objection raised, is that against the order passed by the Administrator of the concerned Co-operative Society, a clear remedy is provided by way of representation before the Registrar under Sec. 128 of U.P. Cooperative Societies Act. The Registrar is fully competent to consider the various grounds on which the impugned order is challenged- That being so, this Court should not interfere at the instance of the petitioner at present.

(2.) We have heard the learned counsel for the parties at some length on the first preliminary objection raised by Sri Dixit but in the view that we are taking as regards the second preliminary objection namely the existence of an alternative remedy available to the petitioner before the Registrar under Sec. 128 of the U. P- Cooperative Societies Act, we are making no comments on the first preliminary objection. We are of the opinion that the remedy provided under Sec. 128 of the aforesaid Act is an equally efficacious and effectual. The Registrar can go into the correctness of the impugned order and consider all the grounds which have been taken in this petition. The learned counsel for the respondents has also conceded that the remedy provided under Sec. 128 is available to the petitioner in respect of the impugned order. We accordingly dismiss this petition on the ground of alternative remedy without going into the merit of the impugned order. In case, however, the petitioner approaches the Registrar by way of a representation under Sec. 128 of the U. P. Cooperative Societies Act within 10 days from today the petitioner shall not be evicted from the accommodation accepted by him as Security Officer for a period of two months from the date of submission of the representation before the Registrar. The Registrar shall dispose of the representation within a period of two months from the date on which it is submitted before him. A copy of this order may be given to the learned counsel for the petitioner on payment of necessary charges by 13-3-1989. Petition dismissed.