Raghubar Dayal, J. - (1.) This is a special appeal against an order of Mr. Justice Mehrotra dismissing the appellant's writ petition under Article 226 of the Constitution.
(2.) The appellant was employed by the Consumers Co-operative Society, Kydganj, Allahabad, as a Manager of one of the shops run by the Society. The appellant deposited Rs. 3,000/- for security. He claimed this amount and a sum of Rs. 355/-as his dues from the Society. The Society urged certain claims of its own against the appellant and ultimately referred the dispute with respect to its claim against the appellant to the Registrar in view of Rule 115 of the Rules framed under Section 43 of the Co-operative Societies Act 1912. The Registrar made over the dispute to the arbitrator. The arbitrator gave his award holding that the appellant should pay Rs. 895/11/- as principal, Rs. 233/- as interest and Rs. 15/- as other charges to the Society. He also awarded future interest on the amount of the principal from the date of the judgment at the rate of 6 1/4 per cent, per annum.
(3.) The appellant then preferred an appeal to the Registrar Co-operative Societies, U. P. Lucknow. One of the grounds in the memorandum of appeal was that in view of the provisions of Section 43(2)(1) of the Co-operative Societies Act, 1912 no reference to arbitration could be made. This appeal was dismissed by the Assistant. Registrar, Co-operative Societies, U. P., Lucknow. Thereafter the appellant filed the writ petition which was dismissed by the order under appeal.;