I.S.Tiwana, J. - (1.) The petitioner impugns the order of the Deputy Secretary to Government, Haryana, Co-operative Department, dated November 29, 1978 (Annexure P. 3), passed under Section 69 of the Punjab Co-operative Societies Act, 1961 (for short, the Act), as totally without jurisdiction.
(2.) Briefly the facts are that respondent Gaje Singh who is a cane grower and falls within the assigned area of the petitioner Co-operative Sugar Mill raised a dispute against the petitioner on the ground that during the crushing season 1964-65, he was bonded to supply 900 quintals of sugarcane to the mill but the mill failed to accept the said supply and as a result thereof, he had to suffer a loss of Rs. 4,500/- as his cane dried up in the fields for want of crushing. This dispute is purported to have been raised under Section 55 of the Act, as according to the petitioner, he being a member of the petitioner Co-operative Sugar Mill was entitled to raise this dispute under the Act. The dispute in due course was referred by the Registrar to the Arbitrator who vide his order dated August 16, 1976 (Annexure P.1) held the Mill liable to the extent of Rs. 3942.75. Appeal of the Mill against this award failed vide order dated January 27, 1978 (Annexure P. 2). It was against the last mentioned order that the Mill filed the revision petition before the Deputy Secretary resulting in the passing of the impugned order, (Annexre P. 3). No relief qua orders Annexures P.1 and P. 2 has specifically been claimed in this petition.
(3.) The solitary submission of Mr. Kundu, learned counsel for the petitioner Mill, as already indicated, is that the impugned order Annexure P. 3 is totally without jurisdiction inasmuch as the authorities under the Act could not take cognizance of the dispute in question as the same did not arise between the Co-operative Society and a member. This stand of the petitioner is sought to be refuted by Mr. Kadian learned counsel for respondent No. 2, on the ground that the dispute in question related to the business of the Society which according to the learned counsel is the crushing of the sugarcane by the petitioner Co-operative Sugar Mill.;