SHAIDUR RAHAMAN KHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS application under article 227 of the Constitution of India filed at the instance of the petitioner, Shaidur Rahaman Khan, is directed against the order dated March 6, 1985 of the Appellate Tribunal passed in appeal No. 43 of 1 984 modifying the award made by the Arbitrator under section 87 of the West Bengal co-operative Societies Act, 1973, hereinafter referred to as the Act.

(2.) THE dispute petition under section 86 (1) of the Act was filed before the Assistant Registrar of Co-operative Societies, midnapore by the Midnapore District Wholesale Consumers' Cooperative Society Ltd. hereinafter referred to. as the Society for realisation of a sum of Rs. 28,860. 95 from the petitioner towards shortage of stock found on physical verification. It was alleged that the petitioner, Shaidur Rahaman Khan, was the sales -in- charge of the Digha Branch of the Society from 29. 4. 1977 to 20. 6. 1978, and of the Midnapore Chhotobazar Branch from 30. 5. 1979 to 27. 9. 1980. It was alleged that during this period shortage of goods of the aforesaid Branches took place and that was caused by the petitioner by not including the sales in the daily statement and not depositing the sale proceeds in the Bank a further claim of Rs. 1916. 08 was made towards excess salary alleged to have been drawn by the petitioner when he was at Egra Branch of the society.

(3.) IT appears that ah arbitrator was appointed by the Registrar of Co-operative Societies, West Bengal under section 37 (1)- (c) of the Act. Shorn of all details, it may be stated that the reference case came up for hearing before the learned Arbitrator on December 30, 1981. On that day, the Society was absent and the learned Arbitrator dismissed the case for default. Thereafter, the Society filed an application for restoration of the case, but there being no provision for such restoration, the learned Arbitrator rejected the application observing that the Society might start a fresh case.