Jasbir Singh, J - (1.) The petitioner has filed this writ petition with a prayer to quash the order dated July 15,2002,vide which its revision petition was dismissed by the competent authority. It is apparent from the record that against respondent Nos. 3 and 4, in the year 1982, a reference was made under Section 55 of the Punjab Co-operative Societies Act, 1961, on the basis of an audit objection made in the year 1978. The Arbitrator by taking note of that audit objection only, without recording any further evidence, held respondent Nos. 3 and 4 liable to pay Rs.9365.50. alongwith interest, to the petitioner. They went in appeal, which was allowed by the Appellate Authority. Relevant portion of that order reads thus:- "Careful consideration was given to the arguments advanced by counsels for both the parties, the reply submitted in appeal, perusal of the record of the society and after perusing the award passed by Sh. Jeet Singh, Arbitrator. As per the copy of resolution dated 22.4.1995 passed by the society it has been mentioned that as per the audit note dated 30.9.78, Rs.9917.53 have been found to be outstanding against Sh. Gian Chand and Parkash Chand Ex.Salesman and due to the repeated demands of the society and failure to recover the same, a dispute has arisen. The society has mentioned both Sh. Gian Chand and Parkash Chand as ex-Salesman while preparing the file. But the Arbitrator has returned a finding against Sh. Gian Chand son of Jagan Nath as President/Salesman, Society and Sh. Parkash Chand s/o Jagan Nath as ex-salesman. According to the above the second party has failed to bring on record any evidence to prove Sh. Gian Chand as salesman. Neither any President can work as a salesman. Moreover when the society had not given him any such powers. After hearing arguments of counsel for both the parties and perusing the record of the society, I have reached to this conclusion that Sh. Gian Chand never worked as a salesman in the society neither the managing committee ever appointed him as salesman. The proceedings against Sh. Gian Chand ex-president/salesman and Sh. Parkash Chand exsalesman, for recovery of the amount outstanding against them, have been instituted within time. The proceedings had to be instituted as per the provision of Section 54 of the Punjab Cooperative Societies Act, by appointing an enquiry officer regarding the recovery of above amount, which has not been done in the present case. In the light of above stated facts, I accept the appeal and set aside the award dated 25.6.2001 passed by Sh. Jeet Singh, Arbitrator/Inspector Coooperative Societies, Mansurpur"
(2.) The revision filed by the petitioner was dismissed vide order under challenge. This Court feels that the writ petition has also no substance and is liable to be dismissed.
(3.) It is apparent from the record that reference was made after 14 years of the audit objection and further that no record whatsoever was ever produced before the Arbitrator, the audit objection, was the only evidence available with the Arbitrator. It has been mentioned by the Appellate Authority that there is no order appointing Gian Chandrespondent No.3 as salesman as was alleged before the Arbitrator.;