JAI SINGH Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) THE petitioner is working as a Daftri with the Cheeka Cooperative Marketing -cum -Processing Society Ltd., Cheeka. He is aggrieved by the order of his retrenchment. A copy of the order has been produced as Annexure P3 with the writ petition. The petitioner alleges that the Administrator of the Society has no jurisdiction to order retrenchment. Thus, the petitioner prays that the impugned order be quashed.

(2.) WE have heard Mr. Vinod Sharma, learned counsel for the petitioner. He contends that the Administrator has been appointed by the Registrar merely to perform functions of the Managing Committee. He has no jurisdiction to pass any order of retrenchment.

(3.) MR . Sharma contends that the action is contrary to the ratio of the decision of a learned Single Judge of the Kerala High Court in A. Raghavan Nair v. Joint Registrar of Cooperative Societies and Ors., 1999(1) Lab.I.C.528. Tn this case it was held that the "Government or the Registrar of Co -operative Societies has no power to effect appointment in a co -operative society under Section 32 and 33." It was further held that the Administrator is "only expected to manage the affairs of the society and to exercise the functions of the committee and not expected to exercise 'powers' of the elected committee."