EAST INDIAN RAILWAY EMPLOYEES' CO-OPERATIVE CREDIT SOCIETY LTD Vs. ARBITRATOR AND DISTRICT AUDITOR, CO-OPERATIVE CREDIT SOCIETIES

JUDGEMENT

(1.) THE petitioner is a co -operative society of the employees of the East Indian Railway (now the Eastern Railway). Respondent 3, Pramatha Nath Sen Gupta, who was at one time a railway employee, wad appointed, on 1 August 1953, to the post of the secretary of the petitioner -society, which was a paid post. Respondent 3 was, it is alleged, charged with mismanagement of the affairs of the society and was suspended with effect from 13 March 1958. It is further alleged that there was a disciplinary proceeding started by the society against the petitioner, in which he refused to participate. It is also alleged that the petitioner was found guilty mis -conduct in the aforesaid proceeding and his service was terminated therefor. The notice of termination of service, dated 29 April 1953, however, reads differently and is set out below:

(2.) THE respondent -arbitrator negatived the objections by an order, dated 30 November 1961.

(3.) MR . Noni Coomar Chakravarti, learned advocate for the petitioner -society,contended, in the first place, that the reference to the arbitration of respondent 2 was bad, because the Assistant Registrar had no jurisdiction to entertain the alleged dispute. This argument is not very well -conceived. Sections 2(r), 9 and 10 of the Bengal Cooperative Societies. Act, 1940 Thereinafter referred to as the Act), reads as follows: