JAI SINGH Vs. PRESIDING OFFICER

JUDGEMENT

(1.) The services of the petitioner were dispensed with on 4.9.2001 following an order passed winding up the Cheeka Cooperative Marketing-cum-Processing Society Limited, Cheeka (for short "Society"). It is not disputed that at the time of retrenchment, the petitioner had put in more than 28 years of service with the Society. The petitioner admits that retrenchment compensation was paid by bank draft. However, salary in lieu of one month's notice was paid through cheque. Therefore, it is urged that there was no simultaneous compliance of section 25F of the Industrial Disputes Act, 1947 (for short "the Act").

(2.) Aggrieved by the retrenchment order, the petitioner had filed CWP No. 14430 of 2001 before this Court which was dismissed by the Division Bench on 18.9.2001. The argument raised was that the Administrator of the Society had no jurisdiction to order retrenchment. This Court recorded in the order that the Society had an outstanding liability of Rs. 35,00,000 towards the salaries of the employees as against an income of Rs. 30,000 per month from rent of godown. An amount of Rs. 74,354 by bank draft dated 3.9.2001 and a cheque in a sum of Rs. 5,311 towards notice pay stood paid to the petitioner. The Administrator of the Society who ordered the retrenchment was appointed under Section 33 of the Haryana Co-operative Societies Act, 1984 (for short "Societies Act").

(3.) Clause 4 of Section 33 of the Societies Act provides that the administrator shall, subject to the control of the Registrar and to such instructions as he may time to time give, have powers to exercise all or any of the functions of the Committee or of any officer of the society and take all such actions as may be required in the interest of the society.