LAWS(P&H)-1987-5-148

RAVINDER PAUL Vs. REGISTRAR CO-OP SOCIETIES PUNJAB

Decided On May 25, 1987
RAVINDER PAUL Appellant
V/S
REGISTRAR CO-OP SOCIETIES PUNJAB Respondents

JUDGEMENT

(1.) The petitioner has prayed that the implementation of the impugned awards dated 23rd December, 1985 and 19th August, 1986 of respondents Nos. 3 and 4, respectively, be stayed during the pendency of the writ petition. The sole ground canvassed by the petitioner is that the petitioner was an employee of the Khanna Co-operative Marketing Society Ltd., Khanna (Respondent No. 2) and that no proceeding qua recovery of any amount from him could be taken under Section 55 of the Punjab Co-operative Societies Act, 1961 ('the Act' for short). The proceedings could be taken against the petitioner only under Section 54 of the Act. Reliance for this contention was placed on a Single Bench decision of this Court in Jai Pal v. The State of Haryana and others, 1986 90 PunLR 52. However, a Division Bench of this Court in Angoori Lal Sharma v. The State of Haryana and others, 1986 90 PunLR 51, had taken a contrary view. It was held:

(2.) In view of the clear dictum of the Division Bench, the balance of convenience is not in favour of the petitioner and he is not entitled to the relief prayed for. The application for vacation of stay is allowed and the interim stay granted by the Motion Bench on 20th October, 1986 is vacated.