HEALONE LABORATORY MANUFACTURING WORKSHOP COOPERATIVE INDUSTRIAL SOCIETY LTD Vs. JOINT REGISTRAR, COOPERATIVE SOCIETIES

JUDGEMENT

(1.) The petitioner society is aggrieved by the impugned order dated 8th May, 2000 (Annexure P-4), passed by Joint Registrar, Cooperative Societies Ferozepur (respondent No. 1 herein) remanding the case to Deputy Registrar, Cooperative Societies, Bathinda to enquire into the matter and decide the case afresh.

(2.) Brief factual background of the case is that the petitioner Society handed over certain stock of medicines to its cashier (respondent No. 4), vide receipt dated 2nd April, 1980. Respondent No. 4 allegedly did not properly manage the stock that consisted of raw material and finished goods, thus causing certain shortage. It was pointed out in the audit report dated 31st March, 1991 that raw material worth Rs. 1,13,750/- and finished goods worth Rs. 4264/- were still due from respondent No. 4. It was also pointed out in the audit report that said stocks were in custody of respondent No. 4. Resultantly, vide a resolution No. 2 passed on 25th September, 1993, petitioner society decided to initiate arbitration proceedings under Sections 55 and 56 of the Punjab Cooperative Societies Act, 1961 (hereinafter referred to as "the Act"). In the arbitration proceedings, recovery of Rs. 1,18,014/- along with interest of Rs. 35,520/- and expenses of Rs. 250/- were claimed. On 16th March, 1999, the Arbitrator gave the award, Annexure P-1, in favour of of the society awarding Rs. 1,53,784/- to the society. Out of this amount, Rs. 18,000/- was ordered to be deducted as the same already stood deposited by the respondent No. 4 with the petitioner society. Respondent No. 4 preferred an appeal against the award dated 16th March, 1999. However, the same was dismissed by the respondent No. 2 on 31st August, 1999, vide order Annexure P-2. Being dissatisfied, respondent No. 4 preferred revision petition under Section 69 of the Act. The same was heard by Joint Registrar, Cooperative Societies (respondent No. 1) and decided on 8th May, 2000 holding as under :-

(3.) The only ground agitated by counsel for the petitioner is that respondent No. 1 was not competent to entertain the revision petition under Section 69 of the Act and to decide the same. He has, thus, sought quashing of the order, Annexure P-4, passed by Joint Registrar, Cooperative Societies on 8.5.2000. A separate reply has been filed on behalf of respondents Nos. 1 & 2 and respondent No. 4. The stand of respondents Nos. 1 & 2 before this court is that Joint Registrar, Cooperative Societies, Ferozepur has been authorised by Punjab Government to entertain and decide the revision petitions under Section 69 of the Act. According to their reply, these powers have been delegated vide notification No. 1669-C.V-78/6450 dated 21st March, 1978 issued by the Secretary to Government Punjab, Cooperation Department, Chandigarh. It has been submitted that the impugned order has been correctly passed and there is no legal infirmity with the same. Similar stand has been taken by respondent No. 4 in reply filed by him.