- (1.) This petition has been filed for quashing of the Award dated 07.06.2005 passed by the Arbitrator /the Additional Registrar/Managing Director, U.P. Labour and Construction Federation Limited, Lucknow, and the order dated 09.08.2007 passed by the U.P. Cooperative Tribunal.
(2.) The petitioner's case is that it is an Apex Level Cooperative Society the UPPCF entered into an agreement with the opposite party no.2, Lakhimpur Bhikha Sadhan Sahkari Samiti Ltd., Rampur, for purchasing Paddy on behalf of the UPPCF in the year 2000-01. A copy of the agreement dated 16.11.2000 has been filed as Annexue-1 to the writ petition.
(3.) Opposite party no.2 being a Primary Level Cooperative Society, it was also made a nominal member of the UPPCF and acted as its agent in buying the paddy from the farmers and transporting it to the rice mill for custom hulling of rice. It is the case of the petitioner that opposite party no.2 did not purchase paddy in accordance with the agreement and purchased only 3038.90 quintals of paddy and delivered the same to M/s. India Rice Mill, Kaneri, for hulling. It claimed to have purchased 3878.90 quintals of paddy @ 510/- per quintals from the farmers and transported the same to the mill and raised a bill of Rs.19,78,239/-. As against this, the UPPCF acknowledged the purchase and transportation of 3038.90 quintals of rice only. It made payment of Rs.15,70,000/- to the opposite party no.2 as advance for the supply of paddy worth Rs.15,49,839/- alongwith commission of opposite party no.2.;