Dinesh Maheshwari, J. - (1.) The learned counsel for the petitioner pointed out that similar nature petitions have already been disposed of by this Court; and has referred to an order dated 16.09.2011 passed in CWP No.8654/2011 and another dated 21.11.2011 passed in CWP No.11608/2011.
(2.) Issue notice to the respondents for final disposal. Learned Government Counsel Mr. Ashwini Gehlot who is appearing for the department concerned, accepts notice for the respondents. Having regard to the submissions, the matter has been considered finally at this stage itself. The petitioner Hukumpura Gram Seva Sehakari Samiti Ltd. has filed this petition stating the grievance against the order as issued by the Dy. Registrar, Co-operative Societies, Bhilwara on 06.07.2011 whereby the Dy. Registrar, in the purported exercise of powers under Section 125(1) of the Rajasthan Co-operative Societies Act, 2001 ('the Act of 2001') has proceeded to stay the resolution taken by the petitioner Samiti in relation to the pay scales to be given to its employees. The order is challenged as being wholly without jurisdiction. It appears from the aforesaid order dated 16.09.2011 passed in the similar nature writ petition that this Court considered the submissions on behalf of the respondents about the availability of the alternative remedy under Section 125 of the Act of 2001 and after noticing the provisions, held and ordered as under:- "Upon perusal of the above provision, it is abundantly clear that in case where the Registrar interimly stayed execution of any resolution under sub-section (1) he is required to send the proposal of rescinding the resolution to the Tribunal for consideration within a period of 45 days and upon perusal of the note No.1 of order dated 16.06.2011 it appears that the Deputy Registrar, Co-operative Societies, Bikaner after staying the above resolution referred the matter to the Tribunal. Therefore, in my opinion, the matter requires adjudication by the said Tribunal where the petitioner can raise all his grounds including the ground of jurisdiction while relying upon newly added Section 30-B and proviso to sub-section (1) of Section 125 by way of amendment dated 16.10.2009. Hence, this writ petition is disposed of with direction that the petitioner may appear before the Tribunal and raise all his grounds before the Tribunal and the Tribunal is directed to grant opportunity of hearing to the petitioner in accordance with law and consider his arguments. It is expected of the Tribunal that after providing opportunity of hearing to the petitioner as well as the co-operative society the matter will be decided expeditiously, preferably within a period of six months from the date of filing certified copy of this order and till adjudication is made by the Tribunal, if the petitioner is getting salary in pursuance of the resolution dated 18.04.2011, then, it shall not be disturbed till adjudication by the Tribunal. No order as to costs."
(3.) The position aforesaid, for all practical purposes, applies to the present case too. The Registrar is required to send the proposal to the Tribunal concerned and the Tribunal is required to pass appropriate order after giving the Society an opportunity of hearing. Having regard to the facts and circumstances of the case, it does appear appropriate that until the Tribunal takes final decision after hearing the petitioner-Society, the operation and effect of the impugned order be kept in abeyance.;