LAWS(J&K)-2001-5-39

ASHOK KUMAR AND OTHERS Vs. STATE AND ORS

Decided On May 31, 2001
Ashok Kumar And Others Appellant
V/S
State And Ors Respondents

JUDGEMENT

(1.) Petitioners submit that they were working as Salesmen with the Cooperative Societies at Hiranagar. Vide order 27th July 90, the Cooperative Societies where the petitioners were engaged as Salesmen were wound up. Liquidation proceedings were taken exercising power under Sections 65 and 66 of the Jammu and Kashmir Cooperative Societies Act of 1960. As indicated above, an order was passed whereby Cooperative Societies were ordered to be wound up and liquidators were appointed. In pursuance of the order passed under Sections 65 and 66, further steps were taken. The Registrar Cooperative Societies directed that the registration of these Societies be cancelled. Orders to this effect was passed on 21st Sept '90. Annexure A is the order by which winding up of the Societies was directed and Annexure B is the order of the cancellation of registration of these Societies.

(2.) Petitioners submit that in terms of the order dt. 21st Sept '90, the Societies which were ordered to be wound up were ordered to be amalgamated with other Societies. On the happening of this event, a writ petition bearing No. OWP 691/90 came to the preferred in this Court. It was pleaded that the employees of these Cooperative Societies should be adjusted. This petition is said to have been disposed of on 31st March '95. It is further stated that number of writ petitions on the same subject came to be preferred in this Court. These are referred to in para 7 of the petition. The judgment passed in one of these petitions i.e. OWP 691/90 has been placed on the record as annexure 'D'. An agreed order was passed. The spirit of this agreed order can be culled out as under :-

(3.) The petitioners submit that they participated in the proceedings which were held thereafter by the authorities. The Registrar, Cooperative Societies agreed to make adjustment in the manner indicated in para 8 of the petition. For facility of reference, para 8 of the petition is being reproduced below :-