Delhi High Court
Sarika Mittal vs Shree Agrasen Co-Operative Urban ... on 26 August, 2015
Author: G. S. Sistani
$~25 to 28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 357/2015
SARIKA MITTAL ..... Petitioner
versus
SHREE AGRASEN CO-OPERATIVE URBAN THRIFT &
CREDIT SOCIETY LTD.
..... Respondent
+ W.P.(C) 359/2015
SANJAY SINGHAL ..... Petitioner
versus
SHREE AGARSEN CO-OPERATIVE URBAN THRIFT &
CREDIT SOCIETY LTD.
..... Respondent
+ W.P.(C) 531/2015
SANJAY SINGHAL ..... Petitioner
versus
REGISTRAR OF COOPERATIVE SOCIETIES AND ANR.
..... Respondent
+ W.P.(C) 538/2015
SARIKA MITTAL ..... Petitioner
versus
REGISTRAR OF COOPERATIVE SOCIETIES AND ANR
..... Respondent
Appearnce
Mr. A. K. Singla, Senior Advocate with Mr. Rahul Shukla, Mr. Sheetesh
Khanna and Mr. Aakash, Advocates for petitioners. (Item No. 25 to 28)
Mr. D. K. Aggarwal, Senior Advocate with Mr. Anil Kumar, Advocate for
respondent society. (Item No. 25 to 28)
CORAM:
HON'BLE MR. JUSTICE G.S.SISTANI
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
ORDER
% 26.08.2015
In W. P. (C) Nos. 357/2015 and 359/2015, the petitioners have
prayed for a direction to quash the order dated 27.11.2014 passed by the
Delhi Cooperative Tribunal. In W. P. (C) Nos. 531/2015 and 538/2015, the
petitioners have prayed for a writ of mandamus against respondent Nos. 1
and 2, directing the respondent No. 1 to take action against the respondent
No. 2 in respect of violation made by them of the Delhi Cooperative
Societies Act, 2003 and Rules framed thereunder.
The petitioners were employed as Manager and Deputy Manager
respectively with the respondent society. The petitioners in W. P. (C)
Nos. 357/2015 & 538/2015 were appointed in the year 1994 and the
petitioners in W.P. (C) Nos. 359/2015 & 531/2015 were appointed in the
year 1995. The petitioners claim to be permanent employees. Their
services were terminated vide letters dated 27.11.2012. In the absence of
any service rules of removal, dismissal conduct rules and disciplinary
procedure for delinquent employees, the petitioners approached the Deputy
Registrar (Arbitration), Registrar of Cooperative Societies by filing a Claim
Petition under Section 70/71 of the Delhi Cooperative Societies Act, 2003
while relying on by law 51 of the respondent society. The petition of the
petitioners was allowed by the Assistant Registrar (Arbitration) by an order
of 06.11.2013 but was set aside by the Delhi Co-operative Tribunal on
27.11.2014 which led to the filing of the present writ petitions.
After some hearing in the matter, the counsel for both the parties on
instructions agree that the order passed by the Tribunal in W. P. (C) Nos.
351/2015 and 359/2015 be set aside and the matter be referred for
arbitration in terms of the order passed by the Assistant Registrar
(Arbitration) dated 06.11.2013. Accordingly, with the consent of the
counsel for the parties, we set aside the order dated 27.11.2014 passed by
the Delhi Cooperative Tribunal. We also direct the Assistant Registrar
(Arbitration) to appoint an Arbitrator within a period of two weeks from
today. We also direct the Arbitrator to decide the matter within the time
allowed as per the schedule. Both parties agree to co-operate the Arbitrator.
Writ petitions Nos. 351/2015 and 359/2015 stand disposed of.
In view of the order passed in W. P. Nos. 357/2015 and 359/2015,
the W. P. Nos. 531/2015 and 538/2015 are not pressed with leave to raise
all ground as raised in these writ petitions before the learned Arbitrator/(s).
Writ petition Nos. 531/2015 and 538/2015 are dismissed as
withdrawn.
G.S.SISTANI, J
SANGITA DHINGRA SEHGAL, J
AUGUST 26, 2015/sc
