Sirsa Distt. Employees Coop. Vs the Sirsa Sub Divisional Employees

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112

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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RFA-248-1998 Date of Decision: April 24, 2026

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SIRSA DISTT. EMPLOYEES COOP. ........Appellant Versus THE SIRSA SUB DIVISIONAL EMPLOYEES ........Respondent

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CORAM: HON'BLE MR. JUSTICE HARKESH MANUJA

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Present: Mr. Umesh Pandey, Advocate a n d Mr. M.M. Pandey, Advocate for t he appellant.

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HARKESH MANUJA, J. (ORAL)

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By way of present appeal, ch a llenge has been laid to a n award dated 1 0 .10.1997 passed by the le a rned Reference Court-cum - Addl. District J udge, Sirsa. The operative part thereof is extracte d hereunder:-

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“3. In v i ew of the statement of both th e rival Presidents, this referenc e is dispos e d of with the observation th a t if any person out of 25/3 0 persons w ho have not yet filed his clai m before the Society, moves a n applicatio n before the society and if his case is found genuine by th e Managing Committee, the compensati o n shall be disbursed to hi m according to his area, It is further obs e rved that if the claim of an y person out of 25/30 persons the claim of whom has been rejected by th e local com m ission, shall be found genui n e in future, in that event th e Managing committee with the appr o val of Assistant Registrar, cooperati v e Societies, Sirsa, shall be e ntitled to disburse the same. Since the work of the Local Commissi o n is over, it is ordered that i n future his signatures on the cheque-bo o k shall not be obtained by th e Managing Committee of the society whic h has been elected recently an d if any co m pensation is disbursed to any rightful claimant in future, tha t shall be d isbursed by issuing a chequ e duly signed by the Existin g President and at least two members of the Managing Committee. It i s further or d ered that if any person does n o t file his claim in future within

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TEJWINDER SINGH 2026.05.01 10:34 I agree to specified portions of this document

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RFA-248-1998

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three years, in that event the balance amount alongwith interest shall be distributed in proportionate share to the 148 rightful claimants alongwith other rightful claimants to whom the compensation according to their share shall be distributed after ascertaining the genuineness of his claim as discussed above. Intimation be sent to the bank concerned.

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4. Since it is a voluminous record thus in the fitness of things it is advised to local Commissioner to get photo stat copies duly signed by both the Presidents of whole of the records produced by him today in Court, within week on the expenses of the Society and the photostat copies be placed on record, whereas the original record be handed over to Manphool Singh, existing President after election, against proper receipt. It is further made clear that Manphool singh, existing President shall not alter, fabricate any of the record given to him by the local Commissioner and shall kept the same in its original condition. The cheque which shall be issued for the expenses shall be signed by both the Presidents. This reference under Section 30 of the Land Acquisition Act is hereby disposed of in view of the above observation. File be consigned to the record room after due compliance. The record which shall be submitted by the Local Commissioner shall be initialed by the Ahimad of this court.

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Vide interim order dated 26.02.1988, the execution of the impugned award was stayed by this Court. During the pendency of the present appeal, on 27.02.2026, the appellant-Society through its President placed on record a Resolution dated 14.02.2026 wherein, primarily, it has been approved that the appellant-Society is willing to make compliance of the impugned award. The relevant extract from resolution dated 14.02.2026 is extracted hereunder:

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“Noted and Passed: In reference to the order passed by the Hon'ble Punjab and Haryana High Court dated 09.02.2026 in the above case, in which the president of the society, Mr. Amar Singh Jyani, also appeared via video conferencing, in compliance with the directions issued by the Honorable Court to the concerned Society, a unanimous resolution is passed authorizing the president of the Committee, Amar Singh Jyani, to TEJWINDER SINGH make statement before the Honorable Court. Any direction which will be 2026.05.01 10:34 I agree to specified portions of this document

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RFA-248-1998

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given by the Hon'ble Court in the above case, a public notice will be published in one national Hindi newspaper and one national English newspaper to make aware all the individuals who have not yet received their compensation. In addition, all those individuals found genuine by the then Local Commissioner will be notified by issuing letters/notices, and the Hon' ble Court's decision will be complied with”

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In view of the aforesaid stand taken by the appellant-Society, the present appeal is disposed of. The appellant-Society shall comply with the award dated 10.10.1997 and in furtherance thereof, the aforesaid appellant-Society shall within one month from today, publish a notice in the newspaper having wide circulation in the concerned area, inviting claims from allottees and granting them one month’s time to file their claims. In case, any such claims are received, the same be disposed of in accordance with the award.

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In view of the aforesaid, the present petition stands disposed of.

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24.04.2026

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Tejwinder

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(H Whether speaking/reasoned	ARKESH MANUJA) JUDGE Yes/No
Whether reportable	Yes/No

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TEJWINDER SINGH 2026.05.01 10:34 I agree to specified portions of this document

Sirsa Distt. Employees Coop. v. the Sirsa Sub Divisional Employees

Case brief

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Sirsa Distt. Employees Coop. v. the Sirsa Sub Divisional Employees

Case brief

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