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Judgment
V.K. Sharma, J.—The petition has been filed on the following substantive prayers vide para 7(i) to (iv):
(i) That the Respondent No. 3 may be directed to make appointment of the father of the applicant on regular basis w.e.f. 15.5.1986 when other persons with whom later father of the applicant was working.
(ii) That Respondent No. 2 may be directed to give ex-post-facto approval for the appointment of the father of the applicant on regular basis as Chowkidar w.e.f. 15.5.86.
(iii) That the Respondent No. 1 may be directed to appoint the applicant on regular basis as Peon.
(iv) That the Respondents may be directed to release all the amount which would be accrued due to regular appointment of the father of the applicant and all the consequential benefits including regular appointment to the applicant as Peon.
In reply on behalf of Respondents No. 1 and 2, the following stand has been taken vide paras (I) to (III) of the preliminary objections:
(I). The present Application badly suffers from delay and laches. The Board of Directors of the Respondent Federation vide its Resolution No. 21 dated 3-6-1986 had rejected the claim of the Applicant''s father for regularization as Chowkidar. Thereafter no steps were taken by the applicant''s father to assail the impugned decision of the Board of Directors in the proper forum. Hence the present O.A. is liable to be out-rightly rejected by this Hon''ble Tribunal on this ground alone.
(II) That the Respondents No. 1 and 2 have unnecessary been impleaded as parties to the present Application. The claim of the Applicant''s father was never forwarded for consideration/approval by the Board of Directors of the Respondent Federation to the Replying Respondents. Hence the name of Respondent No. 1 and 2 deserved to deleted from the memo of parties to the present Application.
(III) That the Respondent Federation was placed under liquidation vide order No. 6-69/72-coop (T&M) dated November 5, 92 and Liquidator appointed to finalize the assets and liabilities of the Respondent Federation. Section 84 of the H.P. Cooperative Societies Act, 1968 put a complete bar for institution of any legal proceedings in any matter connected with the dissolution or winding up of a Cooperative Society. The provision of Section 84 reads as under:
Bar or suit in winding up and dissolution matters.
Save in so far as it is expressly provided in this Act, no Civil Court shall take cognizance of any matter connected with the winding up or dissolution of a Society under this Act and when a winding up order has been made, no suit or other legal proceedings shall lie or be proceeded with against the Society except by leave of the Registrar and subject to such terms as he may impose.
Similar provision has been made u/s 92(2) of the Act which reads as under:
"while a Cooperative Society is being wound up, no suit or other legal proceedings relating to the business of such Society shall be proceeded with or instituted against the Liquidator as such or against the Society or any member thereof except by leave of the Registrar and subject to such terms as he may impose". As such this Hon''ble Tribunal has no jurisdiction to entertain the present Application for adjudication against the Respondent No. 3 Federation which is presently under winding up. Therefore O.A. is no maintainable.
There is no reply on behalf of Respondent No. 3.
The father of the Petitioner late Shri Nand Lal had joined the employment of Respondent No. 3-Federation as a daily rated Chowkidar in the year 1978. The record reveals that his services were regularized as such vide office order dated 15.5.1986, Annexure A-1. However, later on vide memo dated 8.8.1986, Annexure A-2, he was informed that his case for regularization as Chowkidar in the Respondent No. 3-Federation was put in the meeting of the Board of Directors (B.O.D), held on 3.6.1986, but the Board did not confirm the regularization and instead directed to send the case for approval to Respondent No. 2, the Registrar, Cooperative Societies, Himachal Pradesh, as such approval was not obtained earlier. In the meantime pending approval from Respondent No. 2, he was advised to draw pay on daily wage basis and that as and when approval is received, he would be intimated accordingly. However, in the meantime he died on 4.4.1994. Thereafter the Petitioner was appointed as daily rated Peon in the department of Cooperation, Himachal Pradesh, vide office order dated 29.5.1999, Annexure A-4. Being dissatisfied the Petitioner served legal notice dated 1.1.2001, Annexure A-5, on Respondent No. 2, the Registrar, Cooperative Societies, Himachal Pradesh, who in turn forwarded the same to the Asstt. Registrar, Cooperative Societies, Mandi, H.P., vide memo dated 20.1.2001, Annexure A-6, who sent reply dated 2.2.2001, Annexure A-7 to the same stating that Respondent No. 3-Federation had not sent the case of Shri Nand Lal, father of the Petitioner for regularization as Chowkidar for approval to Respondent No. 2, the Registrar, Cooperative Societies, Himachal Pradesh.
In view of the above, the petition is disposed of with a direction that subject to the Petitioner making a detailed representation supported by documents, if any, along with copy of this judgment to Respondent No. 2, within one month from today, who shall consider the same and take final decision in the matter in accordance with law within next two months, after affording an opportunity of being heard to the Petitioner, if so desired.
The petition as also pending CMPs, if any, stand disposed of in the above terms.