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2016 Supreme(P&H) 1379
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
RAMESHWAR SINGH MALIK, J.
The Karandi Multipurpose Cooperative Agriculture Service Society Ltd. - Petitioner
Vs.
The Special Secretary to Government of Punjab, Deptt. of Cooperation and others - Respondents
CWP Nos. 3500, 3503 & 3710 of 2016
Decided On : 11-08-2016
Advocate Appeared:
For the Petitioner: Mr. Vishal Sharma
The authorities must consider and decide the case on its merits instead of ignoring crucial issues under the garb of technicalities.
Headnote:
arbitration - cooperative societies - - - -
Fact of the Case:
These three identical writ petitions arise out of similar facts and circumstances between the same parties. The petitioner argued that the arbitration award became final due to the respondent's failure to challenge it in time. The court found that the impugned orders passed by the authorities were not suffering from any patent illegality or perversity and thus deserved to be upheld.
Finding of the Court:
The court found that the impugned orders passed by the authorities were not suffering from any patent illegality or perversity and thus deserved to be upheld.
Issues: The issues involved the challenge of arbitration award, remand orders, and dismissal of revision petitions by the authorities.
Ratio Decidendi: The court emphasized that the authorities must make an endeavor to consider and decide the case on its merits instead of ignoring crucial issues under the garb of technicalities.
Final Decision: All three writ petitions were found to be without merit and were dismissed.
Rameshwar Singh Malik, J.
These three identical writ petitions bearing CWP Nos.3500, 3503 and 3710 of 2016 are being decided together, vide this common order, as all the three petitions are arising out of similar facts and circumstances between the same parties. Identical orders passed by the respondent authorities are under challenge in all these three writ petitions. However, for the facility of reference, facts are being culled out from CWP No.3500 of 2016.
2. The only argument raised by learned counsel for the petitioner is that since respondent no.4 did not challenge the arbitration award dated 3.11.2009 (Annexure P-2) well in time, it became final. He further submits that the Assistant Registrar, Cooperative Societies, Sardulgarh, rightly dismissed the appeal of respondent no.4 only on account of delay, as the same was hopelessly time barred. He concluded by submitting that in such a situation, Joint Registrar, Cooperative Societies, Ferozepur Division, as well as the Special Secretary, Cooperation Department, Punjab, fell in serious error of law, while passing the impugned orders Annexures P-4 and P-5. He prays for setting aside the impugned orders, by allowing these three writ petitions.
3. Having heard learned counsel for the petitioner and giving thoughtful consideration to the contentions raised, this court is of the considered opinion that since the Special Secretary, Cooperation Department, Punjab, has upheld the remand order passed by Joint Registrar, Cooperative Societies, Ferozepur Division, Ferozepur, in all the three cases and the impugned orders have not been found suffering from any patent illegality or perversity, the same deserve to be upheld. All the three writ petitions having been found without any merit, are liable to be dismissed, for the following more than one reasons.
4. The Joint Registrar, Cooperative Societies-respondent no.2 remanded all the three matters to the arbitrator formulating specific issues for reconsideration of the arbitrator. Relevant operative part of the order dated 6.2.2013 (Annexure P-4), reads as under :-
“By considering the arguments advanced by counsel for the petitioner, I have concluded that in the present case the lower courts have over looked many angles of the case such as :-
1. Was it a fit case for settlement under the scheme ?
2. Was the amount deposited by settlement of the loan under the settlement scheme by giving relief and was the settlement scheme in operation ?
3. Was this case passed by the Audit Department or the Department by the committee formed to pass these cases under the scheme ?
4. Whether after depositing of the amounts the auditor had certified or not about the correctness or otherwise of the case during the audit by the auditor ?
On the basis of above points, I Raj Kumar Gautam, PCS-I, Joint Registrar, Cooperative Societies Ferozepur Division, Ferozepur by setting aside the order dated 9.4.2012 and the order of the arbitrator dated 3.11.09 remand the case to Smt. Manjit Kaur, Inspector, Labour and Constructions Societies Mansa and direct her that after considering all angles of case on above points, complete the hearing of this case within two months. The judgment which was reserved on 10.1.2013 is written today on 6.2.2013. A copy of the judgment may be sent through Deputy Registrar CS Mansa to Smt. Manjit Kaur, Inspector, Labour and Construction Societies Mansa for rehearing the case.”
5. Feeling aggrieved against the above said order passed by respondent no.2 in all these three cases, petitioner-society challenged the same by way of three identical revision petitions before the Special Secretary, Cooperation, Punjab, who dismissed all the three revision petitions by one common order dated 18.8.2015 (Annexure P-5). Relevant operative part of the impugned order passed by Special Secretary, Cooperation Department, Punjab, also deserves to be noticed here and the same reads as under :-
“I have heard the arguments adduced by the counsel for the partie
