NARPAT SINGH Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) The award in favour of the Bank was made against a Salesman of the Society which had borrowed from the Bank. Section 55 of the Punjab Cooperative Societies Act does not authorise the passing of an award against the employee of an indebted Society. The decision of the Supreme Court in Nayagarh Central Co-operative Bank Ltd. v. Narayana Rath and others, 1975 AIR(SC) 1895, is cited before us as justifying the award. In that case the question considered by the Supreme Court was, whether the dispute was one which touched the business of the Society. The question whether an award can be passed against an employee of an indebted Society was not considered by the Supreme Court at all. Having regard to Section 55 no award can be made against the employee of an indebted Society. The impugned award is, therefore, set aside and the Arbitrator will proceed in accordance with law against proper parties in accordance with Section 55. The writ petition is allowed, with no order as to costs.