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Judgment
M.R. Shah, J.—RULE. Shri Yogen Pandya, learned advocate waives service of notice of Rule on behalf of Respondent No. 3 and Ms. Bhatt, learned Assistant Government Pleader waives service of notice of Rule on behalf of Respondent Nos. 1 and 2. In the facts and circumstances of the case and with the consent of learned advocates appearing for respective parties, petition is taken up for final hearing today.
Present Special Civil Application has been preferred by the Petitioners for an appropriate writ, direction or order quashing and setting aside the impugned order dated 23.03.2009 and 08/09.09.2009 passed by the Registrar, Cooperative Societies, Gujarat State as well as to quash and set aside the order dated 15.07.2010 passed by the Deputy Secretary (Appeals), Agriculture and Co-operation Department, State of Gujarat in Revision Application No. 47/2010 and consequently to direct the Respondent -District Registrar, Cooperative Societies to grant leave/permission to the Petitioners as contemplated u/s 112 of the Gujarat Cooperative Societies Act.
It appears that following proceedings are pending at the instance of the Petitioners before the concerned Industrial Court/Labour Court.
1 Shri Joitaram Jetha bhai Patel Application No. 3 of 2005, BIR Application No. 3 of 2002 and Appeal (IC) No. 54 of 2007 in T Application No. 5 of 2003.
2 Shri Bharat bhai Shivram Prajapati Application No. 2 of 2003, BIR Application No. 2 of 2002 and BIRApplication No. 2 of 2005.
3 Shri Takhatsinh Dhulsinh Makwana Application No. 2 of 2003, T Application No. 4 of 2005.
It appears that during the pendency of the said proceedings, the original employer - Talod Janta Sahakari Bank Ltd. gone under liquidation and Respondent No. 3 is appointed as Liquidator of the said Bank. Therefore, the Petitioners submitted the application before the District Registrar, Cooperative Societies, State of Gujarat seeking permission u/s 112 of the Gujarat Cooperative Societies Act permitting them to proceed further with the aforesaid proceedings and permitting them to join the Liquidator in the said proceedings. That by order dated 23.03.2009 and 08/09.09.2009, the Registrar, Cooperative Societies, Gujarat State rejected the said applications against which a revision application was preferred before the Revisional Authority which also came to be dismissed. Hence, the Petitioners have preferred the present Special Civil Application for the aforesaid reliefs.
Having heard Shri G.M. Joshi, learned advocate appearing on behalf of the Petitioners and Shri Yogen Pandya, learned advocate appearing on behalf of Respondent No. 3 and Ms. Bhatt, learned Assistant Government Pleader and considering the decision of this Court dated 07.09.2010 passed in Special Civil Application No. 5160/2010 and considering the fact that even there is a cross appeal preferred by the bank which is pending before the Industrial Court, which is being proceeded further by Respondent No. 3 Liquidator, it appears to the Court that both the authorities have materially erred in rejecting the applications submitted by the Petitioners seeking permission u/s 112 of the Gujarat Cooperative Societies Act. In the facts and circumstances of the case, more particularly, the nature of controversy raised in the aforesaid proceedings, Respondent No. 3 is required to be joined as a party to the said proceedings and applicants are required to be permitted to proceed further with the said proceedings against Bank through Liquidator - Respondent No. 3.
In view of the above and for the reasons stated herein above, more particularly, the reasons assigned while delivering the judgment in Special Civil Application No. 5160/2010, the impugned order dated 23.03.2009 and 08/09.09.2009 passed by the Registrar, Cooperative Societies, Gujarat State as well as the order dated 15.07.2010 passed by the Deputy Secretary (Appeals), Agriculture and Co-operation Department, State of Gujarat in Revision Application No. 47/2010 are hereby quashed and set aside and the present Special Civil Application is allowed by permitting the Petitioners to join Respondent No. 3 in the proceedings initiated by them pending in the respective Courts i.e. Industrial Court/Labour Court and they are permitted to proceed further with the said proceedings after joining the Bank through its Liquidator - Respondent No. 3 herein. Now, the concern Court shall join Respondent No. 3 as party to the aforesaid proceedings and issue Notice upon Respondent No. 3 and thereafter proceed further with the same and decide and dispose of the same in accordance with law and on merits. Rule is made absolute to the aforesaid extent. No. costs.