B.N.BANERJEE, J. - (1.) THE petitioner is a co -operative society of the employees of the East Indian Railway (now the Eastern Railway). Respondent 3, Pramatha Nath Sen Gupta, who was at one time a railway employee, wad appointed, on 1 August 1953, to the post of the secretary of the petitioner -society, which was a paid post. Respondent 3 was, it is alleged, charged with mismanagement of the affairs of the society and was suspended with effect from 13 March 1958. It is further alleged that there was a disciplinary proceeding started by the society against the petitioner, in which he refused to participate. It is also alleged that the petitioner was found guilty mis -conduct in the aforesaid proceeding and his service was terminated therefor. The notice of termination of service, dated 29 April 1953, however, reads differently and is set out below: As your service is no longer required by this society, the society has, by a resolution of the managing committee held on 18 April 1958, decided to terminate your service by giving one month's notice to yon. In pursuance of the said resolution this is, therefore, to give you notice terminating your service as secretary with the expiry of one month from the date of receipt of this notice. This is however, without prejudice to the rights of the society to recover from you any loss or damage that might have been occasioned to the society by reason of your neglect or default during the period of your secretaryship. Respondent 3 unsuccessfully challenged the order of termination of his service before the City Civil Court, Calcutta, and also before the Registrar of Co -operative Societies. Thereafter, respondent 3 claimed from the petitioner -society a sum of Ha. 14,262 86 said to be due to him as arrears of pay and emoluments with interest, unrefunded security deposit and value of share capital invested by him. The society having had failed to pay, respondent 3 lodged a dispute before the Registrar of Co -operative Societies, on 29 April 1961, claiming the aforementioned amount. Respondent 2, Assistant Registrar of Co -operative Societies, entertained the dispute and fry an order, dated 28 August 1961, referred the matter to the arbitration of respondent 1, arbitrator and district auditor. Before respondent 1, the petitioner -society raised, by way of demurrer, the following preliminary objections: (a) That the dispute being one relating to and involving disciplinary action taken by the society against one of its employees, the authority constituted under the Bengal Co -operative Societies Act has no jurisdiction to entertain the dispute. (b) That a dispute between employee of a co -operative society and the society regarding pay and allowances is not a dispute touching the business of the society and as such the authority constituted under the Bengal Co -operative Societies Act has no jurisdiction to entertain the dispute. (c) That if the dispute was at all entertainable, the General Manager was the only authority competent to entertain the same and the Assistant Registrar had no such jurisdiction.
(2.) THE respondent -arbitrator negatived the objections by an order, dated 30 November 1961. The petitioner -society moved against the order, dated 28 August 1961, referring the alleged dispute to arbitration and also the ' order, dated 30 November 1961, negativing its preliminary objections, praying for writs of certiorari and mandtamus, and obtained this rule.
(3.) MR . Noni Coomar Chakravarti, learned advocate for the petitioner -society,contended, in the first place, that the reference to the arbitration of respondent 2 was bad, because the Assistant Registrar had no jurisdiction to entertain the alleged dispute. This argument is not very well -conceived. Sections 2(r), 9 and 10 of the Bengal Cooperative Societies. Act, 1940 Thereinafter referred to as the Act), reads as follows: Section 2(r). -'Registrar' means a person appointed to perform the duties of a Registrar of Co -operative Societies under this Act and includes any person appointed to assist the Registrar on whom all or any of the powers or duties of the Registrar referred to in Section 10 have been or has been conferred or imposed under Clause (a) of that section. Section 9. -The State Government may appoint a person to be Registrar of Cooperative Societies for West Bengal and may appoint persons to assist him. Section 10. -Subject to the rules, the State Government may, by general or special order in this behalf, confer all or any of the powers or impose all or any of the duties entrusted to the Registrar by or under this Act, other than those specified in Schedule II: (a) upon any person appointed under Section 9 to assist the Registrar; and (b) upon any co -operative society in respect of any other co -operative society which is a member of the co -operative society first mentioned. ;