KUNJ LAL Vs. MEMBER, SPECIAL TRIBUNAL (J&K)
LAWS(J&K)-1993-12-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 03,1993

KUNJ LAL Appellant
VERSUS
Member, Special Tribunal (JAndK) Respondents

JUDGEMENT

- (1.)WHO can receive a reference under Sec. 64 of the J&K. Co -operative Societies Act (hereinafter called the Act)? The Registrar alone or any other person who is vested with and enjoys the powers of the Registrar? These are the interesting questions posed in this petition and the answers depend on the interpretation to be placed on Sec. 64 (1) (c) of the Act.
(2.)THE petitioner is resisting the recovery of an amount of Rs. 50,814.45 found outstanding against him and due to respondent No. 4 by respondent No. 3. He was working as a dealer of respondent No. 4 for the cash sales center of the fertiliser at Hamirpur in 1979 to 1982 and had also been given the task of procuring foodgrains. The dispute between him and respondent No. 4 was referred to the arbitration of respondent No. 3 under Sec. 64 of the Act. Respondent No. 3 decided against him on 2.8.1983 and sought the recovery of Rs. 50,814.45. He filed an appeal before respondent No. 2 but failed. He again filed revision petition before respondent No. 1, which was also dismissed by order, dated 9.11. 1992. He feels aggrieved and has challanged the orders of the forums below in this petition the petitioner has urged only two grounds before me to assail the orders impugned. According to him, respondent No. 3 had do competence or jurisdiction to enter upon reference in terms of Sec. 64 of the Act and consequently his order lacked in, jurisdiction and vitiated all proceedings. Hs also Submits that since the petitioner was not a member of respondent No. 4, any dispute between him and respondent No. 4 was not arbitrable under Sec. 63 of the Act.
(3.)RESPONDENTS have filed their objections stating, inter alia, that respondent No. 3 had been conferred with the requisite powers under Sec. 64(1) (a) (3) by SRO -215 of 1976 dated 16,6.1976 and was thus competent to receive the reference and also pass the award in the matter. Sections 63 and 64 of the Act assume importance in the matter and relevant portions whereof are reproduced hereunder for proper appreciation of the rival contentions of the parties:
"63. Disputes, which may be referred to arbitration. (1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a co -operative society arises: -

(a) XX XX XX (b) XX XX XX (c) Between the societies or its committee and any past committee, any officer, agent or employee, or any past



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