AI Structured Summary
Not yet generated for this judgment
Judgment
N.K. Sodhi, J.
The petitioners were issued appointment letters by the Moga Central Cooperative Bank Limited, G. T. Road, Moga (for short, the Bank) for appointment as peons, chowkidars and gunmen. By an order dated August 12, 1987 the appointment letters were sought to be withdrawn. The petitioners then filed writ petition No. 5290 of 1987 in this Court challenging the order withdrawing the appointment letters. In reply to the writ petition, the stand taken by the Bank was that the requisite number of posts for which the appointment letters had been issued had not been sanctioned by the Registrar, Cooperative Societies, Punjab and without. such a sanction, appointments could not be made. When the writ petition came up for final hearing, counsel appearing for the Bank very fairly conceded that the then existing vacancies of peons and chowkidars which were available with the Bank would be filled up from amongst the writ petitioners. The counsel for the Bank also made a statement that the Bank had sent a proposal to the Registrar, Cooperative Societies, Punjab, for the creation of twelve more posts of peons and his approval. was awaited. It was also stated that the Bank had also requested for the creation of twelve more posts of gunmen and approval of the Registrar for these posts as well was awaited. The Bank further stated that the posts, of gunmen would be filled up from amongst the Exservicemen and some of the writ petitioners who were Exservicemen were specifically mentioned in the statement. The then existing ''vacancies were filled up as per the undertaking and there is no dispute between the parties in this regard. The proposal for more appointments as made by the Bank was. accepted by the writ petitioners and K.P. Bhandari, J. allowed the writ petition. on May 17, 1990 and issued a writ of mandamus directing the respondents as under :
The respondent Bank is directed to immediately fill up the existing vacancies of peons and chowkidars out of the petitioners taking into consideration the dates of their joining. If two or more petitioners joined the service on the same date, the petitioner older in the age will firstly be offered appointment. Every petitioner will give to the Manager of the Bank the proof, regarding the date of his birth within one week.
The vacancies of gunmen will be filed up out of the petitioners who are Exservicemen. They will furnish information regarding their release from the Army.
The Registrar, Cooperative Societies, Punjab, is directed to expeditiously accord the sanction to the posts of Peons, Chowkidars and Gunmen for which a request has been made by the Bank, preferably within one month. As soon as the sanction is received from the Registrar, the respondentBank shall fill the vacancies according to the directions given in the judgment at Nos. I and 2 above.
The petitioners will not be entitled to back wages. However, for whatever period the petitioners have already worked before their services were terminated, their wages for that period will be paid by the Bank within three months."
As would be seen from the directions, the Registrar, Cooperative Societies, Punjab. was directed to accord sanction to the posts of Peons, Chowkidars and Gunmen for which a request had been made by the Bank, This sanction was to be accorded expeditiously preferably within one month whereafter the Bank was directed to fill the vacancies in accordance with the direction I given in the earlier part of the judgment.
The grievance made by the petitioners in the present contempt petition is that the direction given to the Registrar, "Cooperative Societies, Punjab, has not been complied with inasmuch as he has not so far accorded sanction for the creation of new posts of Peons, Chowkidars and Gunmen and he has, therefore, wilfully disobeyed the direction of this Court.
The explanation furnished by the Registrar is that he had not received any proposal/request from the Bank regarding sanction of new posts though the Bank in its written statement has taken the stand that a request ''was made to him for sanction of 12 more posts of Peons/Chowkidars and 12 posts of Gunmen vide its resolution No. 16, dated July 14, 1988 and was sent through proper channel i.e. through the Joint Registrar, Cooperative Societies, Ferozepur. According to the Bank, sanction of the Registrar is essential without which the Bank has no authority or power to make any appointment.
After hearing counsel for the parties at length, and without going into the merits of the contradictory stands taken by the Bank and the Registrar, Cooperative, Societies, I am of the opinion that the ends of justice would be adequately met if the Registrar, Cooperative Societies is given some more time to accord sanction for the creation of new posts in terms of the undertaking given on his behalf before K.P. Bhandari, J. in the writ petition. Accordingly, this writ petition is disposed of with the following directions to the respondent :
The Bank through its Administrator (at present there is no elected Board of Directors) is directed to send a fresh proposal for the creation of 12 more posts of Peons and an equal number of posts of Gunmen to the Additional Registrar, Cooperative Societies (Credit), Punjab within ten days from today.
The Additional Registrar, Cooperative Societies (Credit). Punjab Will have the matter processed expeditiously in the office of the Registrar, Cooperative Societies, Punjab and put up the file to the Registrar who will accord his sanction for the creation of the posts on or before December 2, 1991. The Additional Registrar will ensure that the sanction accorded by the Registrar is comunicated within a week thereafter. On'' receipt of the sanction, the Bank is directed to fill up those posts from amongst the writ petitioners in terms of the directions given by K.P. Bhandari, J., in, CWP No. 5290 of 1987 up to December 31, 1991.
Before concluding, I may mention that the counsel appearing on behalf of the Registrar submitted that at present there is no elected Board of Directors of the Bank and the Administrator who has been appointed under the provisions of the Punjab Cooperative Societies Act has no power to recommend the creation of new posts and, therefore the whole process should be allowed to be completed only after the new Board has been elected. It was also. submitted that elections were likely to be held within the next three months or so. I, do not agree with the counsel. The Administrator appointed by the Registrar, in the absence of any provision to the contrary in the statute has a right to exercise all the powers and functions of the Board of Directors and no rule or provision of law to the contrary was brought to my notice. Counsel relied upon a decision of this Court in, CWP No. 2970 of 1986 decidedon October 9, 1986 to contend that the Administrator is only a stopgap arrangement and can only make ad hoc appointments subject to the approval of the elected Board of Directors and he cannot send proposal for the creation of new posts. The judgment cited is no authority for the proposition canvassed by the counsel for the Registrar. In that case, an agreed order was passed, by the Division Bench and no law has been laid down therein norhas any reference been made to. any provision of law which could be said to restrict the powers of the Administrator.
JUDGMENT accordingly.