- (1.) THE correctness of the decision of the Division Bench in the Kapurthala Central Co-operative Bank Limited v. State of Punjab, (1991-1) 99 P,l. R. 624 having been doubted in view of the earlier Full Bench decision in Sonepat Co-operative Sugar Mills Ltd. v. Presiding Officer, Labour Court, Rohtak, (1987-1) 91 P. L. R. 77 (F. B.) the matter was referred to the Full Bench when the aforesaid writ petition alongwith other seven writ petitions (CWP Nos. 14753, 14754, 14755, 19188 and 19189 of 1991, CWP Nos. 186 and 187 of 1992) came up for preliminary hearing, on August 12, 1392. The Division Bench in the Kapurthala Co-operative Bank's case (supra) held that the order passed by the Registrar under the Co-operative Societies Act would disentitle the workman to move the State Government to refer the matter to the Labour Court under the provisions of the Industrial Disputes Act and such a decision given by the Registrar would operate as res judicata. The Full Bench in Sonepat Co-operative Sugar Mill's case (supra) held provisions of Section 128 of the Haryana Co-operative Societies Act, 1984 to be ultra vires the provisions of Article 14 of the Constitution which debarred Industrial Tribunal/court from entertaining dispute relating to the establish meat of a cooperative society. It was observed in the reference order that in view of the decision of the Full Bench referred to above, it could not be held that the Industrial Tribunal or the Labour Court could not entertain reference under section 10 of the Industrial Disputes Act even though the matter had been decided by the Registrar under the Co-operative Societies Act. The second question posed was whether such decision given by the Registrar would operate as res judicata in proceedings under section 10 of the Industrial Disputes Act in the Labour Court or in the Civil Court. Thus, these questions are now for consideration before the Full Bench.
(2.) RESPONDENT No. 3 Shish Pal Singh was appointed as Secretary in the service of the petitioner-Bank, a registered Cooperative Society, under the Haryana Co-operative Societies Act Shish Pal Singh was removed from the service by the Board of the Administrators of the Bank for having embezzled certain funds of the Bank. Against the order of removal Shish Pal Singh filed an appeal as provided under Rule 31 of the Haryana State Central Cooperative Bank's Staff Service (Common Cadre) Rules, 1974 (hereinafter called 'the Rules' ). The Registrar referred the appeal to the Deputy Registrar (Industrial) Cooperative Societies Haryana, Chandigarh, who dismissed the same on February 15, 1988, copy Annexure P. 2. Shishpal Singh issued a demand notice under the Industrial Disputes Act challenging the correctness of the order of removal. Subsequently, the Government of Haryana referred the matter to the Labour Court vide order dated November 8, 1988 under Section 10 of the Industrial Disputes Act, 1947. Copy of the order is Annexure P 3. This order has been challenged in this writ petition on behalf of the Bank. Similar orders were challenged in the connected writ petitions.
(3.) SECTIONS 102, 103, 128 of the Haryana Cooperative Societies Act, 1984, read as under :" 102. Disputes for arbitration :- (1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, establishment, management or the business of a cooperative society arises : (a) among members, past members and persons claiming through a members, past member or deceased member; or (b) between a member, past member or persons claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee or the society or liquidator, part or present; or (c) between the society or its committee and any past committee, any officer, agent or employee or any past officer, agent or employee or the nominee, heirs or legal representatives of any deceased officer, agent or employee of the society ; or (d) between the society and any other society ; between a society and liquidator of another society or between the liquidator of one society arid the liquidator of another society ; Such disputes shall be referred to arbitration of the Registrar for decision and no Court shall have jurisdiction to entertain any suit or other proceedings in respect of such dispute. (2) For the purpose of sub-section (1) the following shall be deemed to be disputes touching the constitution, management or the business of a co operative society, namely : (a) a claim by the society for any debt or demand due to it from a member, or nominee, heirs or legal representatives of a deceased member whether, such debt or demand be admitted or not ; (b) a claim by a surety against the principal debtor where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor as result of the default of the principal debtor, whether such debt or demand is admitted or not ; (c) any dispute arising in connection with the election of any officer of the society. (3) If any question arises whether a dispute referred to the Registrar under this section is or is not a dispute touching the constitutions, management or the business of co-operative society the decision there-on of the Registrar shall be final and shall not be called in question in any court. (4) No dispute arising in connection with the election of committee member of officer of the society shall be entertained by the Registrar unless it is referred, to him within thirty days from the date of the declaration of the result of election. 103. Reference of dispute to arbitration :- (1) The Registrar may, on receipt of the reference of dispute for arbitration under section, 102: (a) decide the dispute himself ; (b) transfer it for disposal to any person who has been vested by the Government with powers in that behalf; or (c) refer it for disposal to any other person as arbitrator. (2) The Registrar may withdraw any reference from an officer who is exercising the powers of Registrar and entrust for disposal to any other officer who has been vested with the powers of the Registrar. (3) The Registrar may withdraw any reference transferred under clause (b) of sub-section (1) or referred under clause (c) of that subsection and decide it himself or refer the same to another arbitrator for decision. (4) The Registrar or any other person to whom a dispute is referred for decision under this section may, pending the decision of this dispute, make such interlocutory order as he may deem necessary in the interest of justice. 128. Bar of jurisdiction of courts:- (1) Save as provided in this Act, no civil court, revenue court, industrial tribunal or labour court shall have any jurisdiction in respect of : (a) the registration of a co operative society or its bye-laws or of an amendment of bye-law ; (b) the removal of a committee ; (c) any depute required under section 102 to be referred to the arbitration of the Registrar or any matter in which proceeding under section 104 have been initiated ; or (d) any matter concerning the winding up and dissolution of a cooperative society. (2) While a co-operative society is being wound up, no suit or other legal proceedings relating to the business of such society shall be proceeded with or instituted against the liquidator as such or against the society or any member thereof, except by leave of the Registrar and subject to such terms as he may impose. (3) Save as provided in this Act, no order, decision or award, made under this Act, shall be questioned in any court or tribunal on any ground whatsoever. ";