IMPORTANT POINT
The legal entity of a Cooperative Society must authorize the filing of a petition in employment disputes.

JUDGMENT :

Satyen Vaidya, J.

The legality of order dated 16.03.2021 (Annexure A-15) issued by respondent No.2, has been questioned by the petitioner by way of instant petition.

2. The case as set-up by the petitioner is that ‘The Nakodar Talab Krishi Seva Cooperative Society’ Raja Ka Talab, Tehsil Fatehpur, District Kangra, (hereinafter referred to as the ‘Society’), is registered under the Himachal Pradesh Co-operative Societies Act, 1968 (for short, ‘The Act’). Respondent No.3 was employed as a salesman in the depot run by the Society for distribution of PDS items. It is alleged that respondent No.3 was found to have mis-managed the affairs of depot so much so that certain mis-appropriations were also found. The inspections of the depot were allegedly carried out on 24.12.2019 and 14.08.2020 by the Inspector, Civil Supply and Consumer Affairs. During first inspection dated 24.12.2019, various irregularities were found and respondent No.3 was put under suspension. On tendering of unconditional apology by respondent No.3, he was allowed to resume work. The District Controller Food Civil Supply and Consumer Affairs, Kangra had also issued a show cause notice to respondent No.3.

3. In the second inspection dated 14.08.2020 again various irregularities and illegalities were found and respondent No.3 was again put under suspension. It is further alleged that thereafter various opportunities were given to respondent No.3 to explain his conduct, but he did not respond. On 05.09.2020, the charges of mis-appropriation and misconduct were framed against respondent No.3 and he was again put to notice. As per the petitioner, respondent No.3 again did not respond and as a result, his services were terminated on 9.10.2020.

4. Respondent No.2 vide impugned order dated 16.03.2021 (Annexure A-15), communicated to the petitioner that on the complaint of respondent No.3 an inquiry was got conducted through the Inspector, Cooperative Society, Kandrori and it was found that the termination of respondent No.3 was not in consonance with the prevalent rules. Accordingly, directions were issued to re-instate respondent No.3 on his post as a salesman.

5. The order dated 16.03.2021 passed by respondent No.2 has been assailed on the grounds that respondent No.2 had no jurisdiction to pass the impugned order dated 16.03.2021 as the appeal, if any, against the order of termination of respondent No.3 could be entertained and decided by the Registrar, Co-operative Societies only in terms of Employment and Working Conditions of the Employees of Primary Agricultural Credit Co-operative Societies, 2001 (for short, ‘2001 Rules’). Secondly, respondent No.2 did not venture into the seriousness and gravity of charges against respondent No.3 and in a very casual or cursory manner issued the impugned communication without even affording an opportunity of being heard to the Society. Thirdly, respondent No.2 did not appreciate that there could be flaw in the order of termination passed by the Society, but the order of suspension of respondent No.3 issued on 14.08.2020 was perfectly legal and the effect of impugned order would be nullification of even the suspension order.

6. Respondents No. 1 and 2 have contested the case of petitioner by alleging that the order of termination of respondent No.3 by the Society was dehors the rules and no such order could have been passed without seeking prior approval of the Assistant Registrar, Cooperative Society in terms of Rule 19 (v) of the 2001 Rules. Respondent No.2 had received a complaint dated 21.10.2020 from respondent No.3 and respondent No.2 had directed the Inspector, Cooperative Society to enquire into the complaint. On inquiry, it was found that the Managing Committee of the Society had acted in contravention of Rules, 18, 19 and 20 of the 2001 Rules. No inquiry at all was held against respondent No.3 despite the fact that respondent No.3 had filed his reply to the notice served upon him. Keeping in view the fact of ille