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Judgment
R. H. Zaidi,,J.
Heard the learned Counsel for the petitioners, learned Standing Counsel and also perused the record.
By means of this petition petitioners pray for issuance of a writ, order or direction in the nature of certiorari quashing the orders dated 10595 and 19398, whereby a direction has been issued to pay the bonus but not beyond the rate of 8.33 per cent. The petitioners also pray for a direction to the respondents to pay bonus at the rate of 33.66 per cent as customary bonus.
Learned Counsel for the petitioners submitted that the impugned orders were illegal and unenforceable in law. The learned Standing Counsel on the other hand submitted that there was a statutory alternative remedy available to the petitioners under Section 70 of the U.P Cooperative Societies Act. They should approach the Arbitrator for ventilation of their grievances instead of approaching this Court.
The relevant provisions of Section 70 of U.P. Cooperative Societies Act, 1965 are quoted below :
''''70. Dispute which may be referred to arbitration.(1) Notwithstanding anything contained in any law for the time being in force, if any dispute relating to the Constitution, management or the business of a Cooperative Society other than a dispute regarding disciplinary action taken against a paid servant of a Society arises
(a)............
(b) Between a member, past member or any person claiming through a member, past member or deceased member and the Society, its Committee of Management or any officer, agent or employee of the Society, including any past officer, agent or employee, or
(c).............
(d).............
such dispute shall be referred to the Registrar for action in accordance with the provisions of this Court and the rules and no Court shall have jurisdiction to entertain any suit or other proceeding in respect of any such dispute :
Provided........
(2) For the purposes of subsection (1), the following shall be deemed to be included in dispute relating to the constitution, management or the (sic)
(a) Claims for amounts due when a demand for payment is made and is either revised or not complied with whether such claims are admitted or not by the opposite party;
(b).............
(c).............
(d).............
(3) If any question arises whether the dispute referred to the Registrar under this section is a dispute relating to the Constitution, management or the business or a Cooperative Society, the decision thereon of the Registrar shall be final and shall not be called for question in any Court.
Reading of the aforesaid section shows that the remedy, if any, for the ventilation of the grievances of the petitioners was before tire Arbitrator/Registrar of the Cooperative Societies. The jurisdiction of the other Courts or Tribunals to entertain any suit or other proceedings in respect of any such dispute was specifically barred. The petitioners instead of approaching the competent authority under Section 70 of U.P. Cooperative Societies Act has approached this Court and filed the present petition straightaway. The statutory alternative remedy provided under Section 70 of the Act is comparatively convenient efficacious and expeditious for the petitioners who are members of the Cooperative Bank Staff Association.
In view of the aforesaid discussions I decline to entertain this petition. The writ petition fails and is dismissed on the ground of availability of statuary alternative remedy.