JUDGEMENT
-
(1.) This writ petition has to be dismissed on the short ground that it has been filed by the person not competent to do so.
(2.) The petitioner here is the Dhuri Sugarcane Growers Co-operative Society Ltd. This Society filed the present writ petition seeking to challenge the Award of the labour Court, Patiala of February 24, 1987. This petition was filed through Baldev Singh, who, according to the averments in the petition had been so authorised by a resolution passed on April 13, 1987 by the Administrator appointed by the Registrar for exercising the powers of the Managing Committee.
(3.) In the return, a specific objection was raised to the filing of the present petition by the said Baldev Singh, on the ground that in terms of Section 26(1-D) of the Punjab Co-operative Societies Act, 1961 , an Administrator can be appointed for a maximum period of one year and six months. The Administrator-Shri Balwinder Singh who had authorised the said Baldev Singh to file this petition had been appointed as such in the first instance on July 9, 1984. The present writ petitioner having been filed on May 13, 1987 was clearly beyond the period of one year and six months from the date of his initial appointment and he was thus not empowered to authorise any one to file the writ petition on behalf of the Co-operative Society. THese averments stand uncontroverted. There can thus be no escape from the conclusion that the present writ petition is, therefore, not competent and is accordingly dismissed as such. In the circumstances, however, there will be no order as to costs.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.