BHIWARA SABKARI UPBRADAR LTD Vs. PRESCRIBED AUTHORITY

JUDGEMENT

(1.) Both these writ petitions raise common questions for determination and, therefore, they are being disposed of by this common order.

(2.) The petitioner in both these writ petitions is Bhilwara Sahkari Upbhokta Wholesale Bhandar (hereinafter referred to as the "Sahkari Bhatidar"). It is a Co-operative Society registered under the provisions of the Rajasthan Co-operative Societies Act, 1965 (hereinafter referred to as the 'Act') and is running a wholesale Bhandar at Bhilwara. Shyamlal, respondent No. 2 in civil writ petition No. 156/77, was appointed as Assistant Accountant- cum-clerk in the Sahkari Bhandar with effect from June 30, 1973. It is alleged that on inspection it was found that ths said respondent had misappropriated money of the Sahkari Bhandar during the year 1974-75 and the matter was brought to the notice of the Board of Directors of the Sahkari Bhandar by the Executive Officer of the Sahkari Bhandar and it was also brought to the notice of the said respondent by letter dated 18th March 1975 and thereupon the said respondent in his letter dated 19th March, 1975, admitted his fault and also made good the loss which was suffered by the Sahkari Bhandar. It is further alleged that after a further enquiry into the matter a charge sheet was served on respondent No. 2 on December 16, 1975 and the said responden submitted his reply to the said charge sheet on December 23, 1975. The matter was thereafter discussed before the Board of Directors of the Sahkari Bhandar and it was decided that respondent No. 2 may be removed from service without any stigma and, in pursuance of the aforesaid decision, an order dated December 30, 19 '5 was passed by the Executive Officer of the Sahkari Bbandar whereby the services of respondent No. 2 were terminated with effect from December 31, 1975. The reason that was given in the said order was insufficiency of work and financial condition of the Sahkari Bbandar. On February 9, 1976 respondent No. 2 submitted an application under Section 28-A of the Rajasthan Shops and Commercial Establishment Act, 1958 (hereinafter referred to as the "Shops and Commercial Establishment Act") before the Prescribed Authority under the Shops and Commercial Establishments Act (hereinafter referred to as the "Prescribed Authority"). The Prescribed Authority by its order dated March 22, 1977 allowed the said application of respondent No. 2 and held that the termination of the services of respondent No. 2 by the Executive Officer of the Sahkari Bhandar was in contravention of the rules and the Prescribed Authority, therefore, set aside the order dated December 30, 1975 with regard to the termination of the services of respondent No. 2 and directed that respondent No. 2 may be reinstated in service from December 30, 1975, and respondent No. 2 was entitled to payment of back wages from December 30, 1975. Aggrieved by the aforesaid order dated March 22, 1977 passed by the Prescribed Authority, the Sahkari Bhandar has filed civil writ petition No. 156/77.

(3.) Bhupal Singh, respondent No. 2 in civil writ petition No. 157/77, entered the service of the Sahkari Bhandar on February 25, 1968 and duung the period from July 1, 1972 to February 2, 1975 he was working as Accountant with the Sahkari Bhandar. It is alleged that during the course of inspection it was found that the said respondent had committed embezzlement of the funds of the Sahakari Bhandar and had also committed other irregularities while working as Accountant and a Committee was constituted to enquire into the matter. It is further alleged that respondent No. 2 was also given a notice to appear before the said Committee to place his defence, ft is also alleged that after taking into consideration the report submitted by the Enquiry Committee and after giving opportunity to respondent No. 2 to make his submissions, about the charges levelled against him, the Board of Directors of the Sahkari Bhandar on June 18, 1976 decided to remove respondent No. 2 from service and on the basis of the aforesaid decision of the Board of Directors, the Executive Officer of the Sahkari Bhandar passed an order dated June 22, 1976 whereby the services of respondent No. 2 was terminated with immediate effect on Jure 30, 1976. Respondent No. 2 submitted an application under Section 28-A of the Shops and Commercial Establishment Act before the Prescribed Authority and by order dated March 22, 1977 the Prescribed Authority allowed the said application and set aside the order dated June 22,1976 terminating the services of respondent No. 2 and directed that respondent No. 2 be reinstated in service with full back wages with effect from June 22,1976. Feeling aggrieved by the aforesaid order passed by the Prescribed Authority the Sahkari Bhandar has filed civil writ petition No. 157/77.