SANDEEP SHARMA,J. - (1.)Since both the above captioned petitions filed under Articles 226 and 227 of the Constitution of India, lay challenge to award dated 6.4.2019 (Annexure P-11), passed by the Industrial Tribunal-cum-Labour Court, Shimla, Camp at Solan, in Ref. No. 42 of 2009, same are being taken up together for hearing and final disposal.
(2.)For having bird's eye view, certain undisputed facts, which may be relevant for adjudication of the petitions at hand are that the petitioner-employee namely Ram Lal was appointed as Helper in August, 1989 and was subsequently, promoted to the post of Salesman on 29.11.1991 by the respondent-Federation. On 27.1.2005 petitioner wasr charge-sheeted on account of alleged mis-appropriation of funds. Though, petitioner filed reply to the charge-sheet denying all the charges, but on 31.3.2015, services of the petitioner were terminated. Petitioner-employee challenged the aforesaid termination order passed by the respondent-Federation before the Deputy Registrar, Cooperative Societies, who vide order dated 3.5.2005, stayed the termination order, whereafter petitioner-employee submitted his joining report on 6.5.2005, but fact remains that he was not allowed to join the duties. It further emerges from the pleadings adduced on record by the respective parties that eventually on 11.8.2005, order of termination dated 31.3.2005, passed by the respondent-Federation was quashed and set-aside by the Deputy Registrar, Cooperative Societies and respondent-Federation was directed to reinstate the petitioner and initiate fresh inquiry against the petitioner while affording due opportunity of being heard to him. Despite there being order setting aside termination order passed by the Deputy Registrar, respondent-Federation did not allow the petitioner to resume his services, rather preferred a review/revision under Section 94 of the HP State Cooperative Societies Act, 1968 before the Deputy Registrar, Cooperative Societies, Eastern Division, Shimla. The Deputy Registrar vide order dated 30.11.2006, dismissed the review/revision filed by respondent-Federation and ordered that the respondent-Federation shall act upon the order of Deputy Registrar Cooperative Societies in its letter and spirit to facilitate conduction of proper Inquiry on each article of charge against the petitioner. Pursuant to aforesaid order passed by the Deputy Registrar, respondent-Federation instead of initiating fresh enquiry issued memorandum intimating the petitioner-employee therein that Board of Directors has tentatively decided to impose the punishment of dismissal from service on petitioner w.e.f. 31.3.2005. Along with aforesaid memorandum, respondent-Federation also supplied copy of inquiry report dated 15.3.2005 submitted by the inquiring Authority and called upon the petitioner employee to file representation, if any, against the proposed punishment. Vide communication dated 21.4.2007 (Annexure P-6), the petitioner-employee filed detailed reply specifically stating therein that since inquiry report dated 15.3.2005 has been already set-aside by the appellate Court, no punishment can be inflicted upon him on the basis of such report, however, fact remains that respondent-Federation ignoring the aforesaid reply passed order dated 16.5.2007 (Annexure P-7) dismissing the petitioner from service w.e.f. 16.5.2007.
(3.)Being aggrieved with the aforesaid order passed by the respondent-Federation, petitioner-employee approached the Additional Registrar (Administration) Cooperative Societies, Himachal Pradesh, by way of petition under Section 72 of the HP Cooperative Societies Act, 1968. Learned counsel for the respondent-Federation raised question with regard to maintainability of the petition under Section 72 of the Act, accordingly, on 6.11.2007, learned counsel for the petitioner prayed before the court below that petition having been filed by the petitioner-employee under Section 72 of the Act may be treated as an appeal under Rule 23 of the Service Rules of Federation. However, perusal of order dated 2.1.2008, passed by the Additional Registrar (Administration) Cooperative Societies reveals that petition having been filed by the petitioner under Section 72 of the Act, which was sought to be treated as appeal under Rule 23 of Service Rules of Federation was dismissed being not maintainable.
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