RANBIR SINGH Vs. THE CANE COMMISSIONER AND ORS.

JUDGEMENT

(1.) THE Mustafabad Cane Growers Co -operative Society Limited, Mustafabad, Respondent No. 3 (hereinafter referred to as the 'Society') is a Society registered under the Punjab Co -operative Societies Act, 1961 (hereinafter called the 'Act'). This Society advertised the post of a Secretary in the pay -scale of Rs. 225 - -430 and the said advertisement appeared in the 'Daily National Herald' of January 8, 1977. The Petitioner applied to the Society for this post and after interview he was selected for the same. By -law 27 of the by -laws governing the Society lays down that the Managing Committee of the Society shall appoint a suitable person as Secretary, subject to the approval of the Registrar. The Petitioner was tentatively appointed to the post and his case was referred to the Cane Commissioner exercising the powers of the Registrar under the Act for accord of the approval. The Cane Commissioner did not accord the approval to the appointment of the Petitioner on the ground that his name had not been recommended by the Employment Exchanges (Compulsory Notification of Vacancies) Act, 1959 (hereinafter referred to as the '1959 Act'). The Petitioner has filed the instant petition challenging the non -accord of the approval by the Cane Commissioner to his appointment to the post of Secretary of the Society on the ground that the 1959 Act was not attracted to the facts of the case. Sub -section 2(i) of Section 2 of this Act reads as follows:

(2.) THE Society does fall within the ambit and scope of word 'corporation' but it is to be seen whether it is owned, controlled and managed by the Government or not. It is not disputed that the Society was registered as a public sector institution and is managed by a Managing Committee elected by its members in accordance with the provisions of the Act. The difficulty has arisen on account of the word "controlled" used in Sub -clause (8) of Clause (f) of Sub -section (2) of Section 2 of 1959 Act. Can it be said that each and every Co -operative Society registered under the Act is in substance controlled by the State Government. Mr. Malik, learned Counsel for the Respondents, has drawn my attention to Section 27 of the Act which enables the Registrar to supersede the Managing Committee of a Co -operative Society. On this basis it has been argued by him that a Co -operative Society should be deemed to be a corporation controlled by the State Government within the meaning of Sub -clause (3) of Clause (f) of Sub -section (2) of Section 2 of the 1959 Act.

(3.) FACED with this situation Mr. Malik drew my attention to Section 85(xxxviii) of the Act, which is reproduced below: