VIJAY KUMAR Vs. BATHINDA CENTRAL CO-OPERATIVE BANK

JUDGEMENT

(1.) This judgment shall dispose of aforesaid appeals.

(2.) The facts, as agreed by counsel, are being taken from FAO No.2161 of 2012.

(3.) Sh. Vijay Kumar was Peon-cum-Chowkidar in the year 2002-2008 in Bathinda Central Cooperative Bank Limited, Grain Market, Bathinda (for short "the Bank). He embezzled amount of the Bank during the aforesaid period. The Bank constituted a committee to inquire into the matter and found that appellant mis-appropriated the amount belonging to the Bank. The dispute arose between the appellant and the Bank which was referred to arbitrator under Section 56 of the Punjab Co-operative Societies Act, 1961 (hereinafter referred to "the Cooperative Societies Act). The appellant filed reply to the reference filed by the Bank on May 17th, 2010 (Annexure A-7). It was pleaded that arbitral reference was not maintainable under Section 55 and 56 of the Act. The dispute between the parties did not touch the constitution, management or business of the Cooperative Society; that arbitrator was not competent to adjudicate the matter and pass the Award because he (Arbitrator) was not properly appointed; that 29 arbitral cases were also pending before the Assistant Registrar regarding the same matter in which he was represented by a counsel and his signatures were obtained on some dates to mark his presence but later on he learnt that the evidence in those cases was recorded at his back; that the appellant was not given an opportunity to cross-examine the witnesses.