IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.22862/2019 & 24895-24897/2019(CS-EL/M) BETWEEN 1. M. GOPIKRISHNA RAO 56 YEARS ASST. MANAGER INCHARGE, THE ORIENTAL INSURANCE CO. LTD, T.P.HUB (LEGAL), COURT ROAD, UDUPI TLAUK, UDUPI DIST -576101 2. S M HARIDAS 55 YEARS DEVELOPMENT OFFICER, NATIONAL INSURANCE CO. LTD., BANTWAL (D.K. DIST) - 574211 3. YADAVA DEVADIGA AGE ; 55 YEARS SRI. BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD, SATHISH COMPLEX, N.H. 66, SURATHKAL, MANGALURU TALUK DK DISTRICT 575 014 4. DAYANAND SHERIGAR 56 YEARS ASSISTANT, NATIONAL INSURANCE CO LTD, BRANCH OFFICE, KUNDAPURA (UDUPI DIST.) - 576201 ... PETITIONERS (BY SRI MAHESH R UPPIN, ADVOCATE) AND 1. CENTRAL REGISTRAR OF CO - OPERATIVE SOCIETIES MINISTRY OF AGRICULTURE & FARMERS WELFARE, DEPT. OF AGRICULTURE & CO OPERATION, ROOM NO. 385, KRISHI BHAVAN, NEW DELHI 110 001 2. DEPUTY DIRECTOR ( CO OPERATION) MINISTRY OF AGRICULTURE & FARMERS WELFARE, DEPT. OF AGRICULTURE & CO OPERATION, ROOM NO. 385, KRISHI BHAVAN, NEW DELHI- 110 001 ... RESPONDENTS (BY SRI K N KRISHNA RAO, CGC FOR R1 AND R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE COMMUNICATION DATED 19.03.2019 ISSUED BY 2ND RESPONDENT AND MARKED AS ANNEXURE-B BY ISSUING A WRIT IN THE NATURE OF CERTIORARY.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners herein are said to be elected directors of General Insurance Employees’ Co-operative Credit Society Limited having its registered office at Udupi (Karnataka State). It is stated that said society is a Multi State Co- operative Society engaged in the business of providing credit facility to its members who are employees of four Public Sector General Insurance companies, namely (1) Oriental Insurance Co., Ltd., (2) United India Insurance Co.Ltd., (3) New India Assurance Co.Ltd., and (4) National Insurance Co.Ltd., and also for the employees of the General Insurance Companies in private sectors functioning in the State of Karnataka and Goa.
2. The petitioners herein are said to have raised a dispute with reference to functioning and management of the GIECC Society. Since the said society is a Multi State Co- operative Society, the complaint is said to have been lodged in the Court of Central Registrar of Co-operative Societies, Department of Co-operation, New Delhi, vide Annexure-A, on 23.2.2019. Subsequently, it is stated that a communication is sent from the office of 2nd respondent – Deputy Director (Co-operation), Ministry of Agriculture and Farmers Welfare, Department of Agriculture, Co-operation and Farmers Welfare, New Delhi, in proceeding bearing F.No.L- 11014/46/2018-L&M, dated 19.3.2019, wherein it is stated that though Section 84 of the Multi State Co-operative Societies Act, 2002, (‘MSCS Act’ for short) provides for filing of dispute petition before the 1st respondent – Central Registrar of Co-operative Societies, in view of departmental communication bearing No.S.O.216(E), dated 24.2.2003 the said power exercisable under Section 84 of MSCS Act is delegated to the Registrar of Co-operative Societies of all the States/UTs in respect of societies located in their respective jurisdiction.
3. It is in this background, the petitioner is informed to approach the Registrar of Co-operative Societies, Karnataka, if the petitioner is interested in filing the dispute under the aforesaid provision of MSCS Act. The said notification which is at Annexure-B is under challenge in these writ petitions seeking to quash the same and consequently, to issue a writ in the nature of mandamus directing respondents 1 and 2 to refer the dispute dated 23.2.2013 sent by Registered Post to the office of Central Registrar of Co-operative Societies, New Delhi, a copy of which is at Annexure-A, to an Arbitrator for adjudication/settlement as per Section 84 of the MCSC Act or to grant such other relief as this Court deems fit.
4. After hearing the learned counsel for the petitioners as well as the learned CGC appearing for respondents 1 and 2, it is clearly seen that the communication sent by 2nd respondent for and on behalf of 1st respondent, which is at Annexure-B, would clearly indicate that the right to file dispute under Section 84 of MSCS Act is provided to all the litigants with liberty to file the same before the Registrar of Co-operative Societies of each State. When the said legal position is already communicated to the petitioners herein, question of quashing the communication impugned in these proceedings and consequently, directing the 1st respondent to refer the dispute raised before it to an Arbitrator does not arise.
5. In that view of the matter, it is open for the petitioners either to receive the dispute that is already filed in the Court of 1st respondent and thereafter, to re-present the same before the Registrar of Cooperative Societies, Karnataka State or in the alternative to raise fresh dispute as the petitioners deem fit in the facts and circumstances of the case. In any event, question of either quashing Annexure-B or issuing direction to respondent No.1 as prayed in these writ petitions does not arise for consideration for the aforesaid reasons.
Accordingly, these writ petitions are dismissed.
Sd/- JUDGE nd/-