106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-2383-2024 DECIDED ON: 17.07.2026 SURAT SINGH AND OTHERS .....PETITIONER(S) VERSUS STATE OF PUNJAB AND OTHERS .....RESPONDENT(S) CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Ms. Jyoti Sareen, Advocate for the petitioner Mr. Rajiv Verma, Addl. AG. Punjab SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Article 226/227 of Constitution of India for issuance of writ in the nature of certiorari for setting aside the attachments orders dated 02.12.2022 (Annexure P-8 and P-9) and arbitration award dated 13.03.2023 (Annexure P-16) passed by Assistant Registrar, Co-operative Societies, Mukerian, respondent No. 4/5, being totally without jurisdiction, as the arbitration reference in pursuance of which the impugned orders and award has been passed by respondent No. 4/5, was not at all maintainable, u/s 55 of the Punjab Co-operative Societies Act, as the dispute relates to salary/honorarium paid to the employees of the society, about which no arbitration reference can be made, in view of settled law laid down by this Hon'ble Court in case titled Morinda Co-operative Sugar Mills Ltd. Vs. Morinda Co- operative Sugar Mills Workers Union' cited at 2003(4) SCT Page 358; and moreso when the suspension order dated 30.11.2022 passed by respondent No. 4/5 against the petitioners being members of the managing committee, on the same grounds as in the arbitration reference, was stayed by High Court, vide order dated 15.12.2022 (Annexure P-6) passed by High Court in CWP No. 28840 of 2022; MEENU 2026.07.22 11:39 I attest to the accuracy and integrity of this document CWP-2383-2024 -2- After arguing at length and vehemently pressing on the issue that the award was passed without jurisdiction on the ground that the dispute involved could not have been adjudicated upon in a reference under Section 54 of the Punjab Co-operative Societies Act, 1961, learned counsel for the petitioners prays for permission to withdraw the present petition with liberty to avail the alternative statutory remedy under Section 68 of the Punjab Co-operative Societies Act, 1961. Prayer is accepted. However, in the event the petitioners prefer an appeal under Section 68 of the Act, the Appellate Authority, i.e. the Deputy Registrar, Co-operative Societies, shall consider and decide all the pleas available to the petitioner in accordance with law, including the plea relating to the jurisdiction of the Registrar, Co-operative Societies, to adjudicate the reference under Section 54 of the Act. In case an application for condonation of delay accompanies the appeal, the same shall also be considered on its own merits, keeping in view the fact that the petitioner has been bona fide pursuing the present writ petition since 29.01.2024, which is being disposed of today after about two and a half years. The photocopies of the record received by this Court be sent back to the Appellate Authority, namely, the Deputy Registrar, Co-operative Societies, District Hoshiarpur, within a period of two weeks from today. Accordingly, the present petition is dismissed as withdrawn with the aforesaid liberty. (SANDEEP MOUDGIL) 17.07.2026 JUDGE Meenu Whether speaking/reasoned :Yes/No Whether reportable :Yes/No MEENU 2026.07.22 11:39 I attest to the accuracy and integrity of this document