VIJAY KUMAR Vs. BATHINDA CENTRAL COOPERATIVE BANK

JUDGEMENT

(1.) These appeals are being decided by one order as the parties are common and the issue involved is similar. For convenience, the facts are being taken from FAO-6164-2019.

(2.) Brief facts are that the appellant was working as a Peon-cum- Chowkidar in Bathinda Central Cooperative Bank (hereinafter referred to as 'the Bank'). There were allegations of misappropriation of money. A Committee was constituted which concluded that the appellant had misappropriated the amount of the bank. The matter was referred to the Arbitrator under Ss. 55 and 56 of The Punjab Co-operative Societies Act, 1961 and Sh. Harbans Singh Jatana, Assistant Registrar, Cooperative Societies, Bathinda was appointed as an Arbitrator. The arbitration proceedings culminated into award dtd. 14/6/2010. The objections filed against the award were dismissed. In FAO-2161- 2012 filed by the appellant, the award was set aside on 8/5/2013 and the matter was remanded back for decision afresh. Thereafter, Mr. Harpal Singh, Assistant Registrar, Cooperative Societies, Bathinda was appointed as an arbitrator and award dtd. 26/4/2018 was passed. The objections filed by the appellant under Sec. 34 of the Act were dismissed on 24/4/2019. Hence, the present appeal.

(3.) Learned counsel for the appellant submits that the Arbitrator- Mr. Harpal Singh, Assistant Registrar, Cooperative Societies, Bathinda had appeared as a witness in a case of the Bank against the appellant. As per Sec. 12 of the Act, he could not have been appointed as arbitrator. The grievance is that in spite of raising objections under Sec. 34 of the Act, the same was not considered while passing the impugned order.