BINPALKA CO Vs. COMMISSIONER(APPEALS), JALANDHAR DIVISION

JUDGEMENT

(1.) The question involved in this petition is as to whether the State Government in the exercise of powers under Sec. 69 of the Punjab Co-operative Societies Act, 1961 (hereinafter called 'the Act') entertain a revision petition against voluntary bifurcation of the two societies and further deciding to transfer one of the employees to a particular Society.

(2.) The Binapalka Co-operative Agricultural Service Society Ltd., Binpalka (hereinafter called as 'the Binpalka Society') and respondent No. 3, the Bhogpur Jadid. Co-operative Agricultural Service Society Ltd., Bhogpur Jaid (hereinafter called 'the Bhogpur Society') were amalgamated on Oct. 1, 1978. The amalgamated Society continued working as such till 1989. After obtaining prior approval of the Registrar, Co-operative Societies, and passing a resolution the amalgamated Society was again bifurcated into two : the petitioner-society and respondent No. 3-Society. In the resolution passed on Oct. 9, 1987, it was mentioned that the Secretary of the Society Shri Gurnam Singh, under suspension, on his reinstatement, shall be given employment in the Bhogpur Society. The aforesaid Gurnam Singh moved a revision petition under Sec. 69 of the Act. The State Government allowed the revision petition and directed that Gurnam Singh shall stand allocated to the Binpalka Society vide order dated Jan. 12, 1989 - Annexure P-2. Review petition was filed which is Annexure P-3. However, it was rejected on Feb. 14, 1991, copy of the order is Annexure P-4. These two orders under challenge in this writ petition, inter alia, on the ground that the State Government had no power to exercise jurisdiction under Sec. 69 of the Act and that Gurnam Singh had accepted the resolution aforesaid allocating him to the Bhogpur Society. The stand of Gurnam Singh in the written statement filed is that an appeal was maintainable against the order of the Registrar bifurcating the Society into two societies and the State Government was competent to pass the order allocating him to the Binpalka Society, instead of Bhogpur Society. The Bhogpur Society has also contested the writ petition.

(3.) After hearing counsel for the parties we are of the view that the order dated Jan. 12, 1989 - Annexure P-2 - was passed without jurisdiction and is liable to be quashed. Sec. 69 of the Act reads as under:-