BHAGWAN DASS Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner was appointed as a Salesman in the Manana Cooperative Agriculture Service Society Ltd. and he is to get commission on the sale of fertilizer. The Manana Cooperative Agriculture Service Society used to get the fertilizers from the New Samalkha Cooperative Marketing-cum-Processing Society Ltd., Samalkha.

(2.) The Manana Cooperative Agriculture Service Society Ltd. is hereinafter called the Manana Society whereas the New Samalkha Cooperative Marketing-cum- Processing Society Ltd., Samalkha is hereinafter called the Marketing Society.

(3.) The fertilizers brought from the Marketing Society by the Manana Society was used to be sold amongst its members and the sale proceeds used to be deposited with the Marketing Society. The Manana Society was entitled to a rebate if payment was made at the time of purchase of the fertilizer or within 90 days from the date of purchase. According to the petitioner, one Mohan Lal who was his attorney deposited a sum of Rs. 18,000/- in the Karnal Central Bank Cooperative Bank Ltd. at Samalkha Branch on 1.12.1972 and a sum of Rs. 12,000/- on 8.12.1972 in the account of the Marketing Society Samalkha. He also paid Rs. 19,500/- to the Accountant of the Marketing Society towards the price of the fertilizer taken by the Manana Society on 7.12.1972. The Accountant also issued a receipt dated 7.12.1972 acknowledging the payment of Rs. 18,000/- and he gave a Katcha receipt for the balance amount of Rs. 1,500/- . Similarly the said Mohan Lal also paid Rs. 11,000/- to the Accountant Shri B.M. Verma, on 9.12.1972 who issued a receipt No. 489, dated 9.12.1972 for Rs. 12,000/- and the amount of Rs. 1,000/- covering the Katcha receipt dated 7.12.1972 was adjusted in the receipt dated 9.12.1972 but he had not adjusted the remaining amount of Rs. 500/-. It is further averred by the petitioner that on 30.6.1973 Shri Verma, Accountant made reverse entries in the record of the Marketing Society with regard to the amount of Rs. 18,000/- and Rs. 12,000/- paid by the petitioner on behalf of the petitioner on 7.12.1972 and 9.12.1972, without giving any notice to the petitioner or Shri Mohan Lal who is attorney of the petitioner and he has not brought this fact to the notice of the Board of Directors. The Marketing Society had been giving the rebate on the sale of the fertilizers and while issuing receipts for having received the payment from the Manana Society. But the Accountant Mr. Verma had changed the record to show that no rebate was ever given. In view of the manipulations made by the Accountant of the Marketing Society, an amount of Rs. 30,000/- and an amount of Rs. 21,548.83 as rebate was shown as due from Manana Society. Therefore, the Marketing Society raised a dispute in regard to the said amount of Rs. 53,640.01 and the said dispute was referred to an Arbitrator. The Arbitrator by his order dated 12.4.1977 (Ann. P.14) held the petitioner liable to pay the said amount. The appeal filed by the petitioner against the award to the Joint Secretary was unsuccessful. Therefore, the petitioner approached this Court, for quashing the award and the order on appeal.