LAWS(P&H)-1991-5-121

RANJIT SINGH Vs. DEPUTY REGISTRAR, CO

Decided On May 01, 1991
RANJIT SINGH Appellant
V/S
DEPUTY REGISTRAR, CO-OPERATIVE SOCIETIES Respondents

JUDGEMENT

(1.) Even though the order of termination of services of the petitioner was set aside by the Sub-Registrar-Co-operative Societies, Faridkot, he was not allowed the arrears of salary for the period he had not worked. Aggrieved by this order the petitioner has approached this Court.

(2.) The petitioner was working as a Secretary of the Co-operative Agriculture Service Society. His services were terminated on November 5, 1985. The petitioner made a representation to the Managing Committee of the Society, who vide resolution dated 5, 1985 ordered the reinstatement of the petitioner. In spite of the order of the Managing Committee, the petitioner was not allowed to join duty and the Administrator of the Society vide his order dated December 18, 1985 set aside the order of the Managing Committee. This order was challenged by the petitioner before the Sub-Registrar, Co-operative Societies, Faridkot. The petition was accepted by the "Sub-Registrar and the order of the Administrator passed on December 18, 1985 was set aside. However, while accepting the petition the authority took the view that the petitioner "will be paid wages only for the period he has worked". Aggrieved by this order the petitioner has filed the present petition.

(3.) A written statement has been filed on behalf of the Society. In the written statement three preliminary objections have been raised. It has been firstly suggested that the petition is highly belated. It is further averred that the petitioner was estopped from filing the writ petition by his own act and conduct. It has been further pleaded that the order of the Administrator of December 18, 1985 was challenged by the petitioner in a Revision Petition before the Deputy Secretary to Government of Punjab. This revision petition had been dismissed on March 2, 1987. On the basis of these preliminary objections it has been suggested that the writ petition deserves to be dismissed. On merits an effort has been made to challenge the order passed by the Deputy/Sub-Registrar (Annexure P.1)