Shri Jitender Kumar Gupta vs The Registrar Of Cooperative Societies & Anr.

Court
Delhi High Court

$~46
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
Date of decision: 28 October, 2026
th
Uploaded on: 30 October, 2026
# CNR No. DLHC010515632026
+ W.P.(C) 15825/2026
SHRI JITENDER KUMAR GUPTA .....Petitioner
Through: Mr. Vishwa Aman Kandwal, Mr.
Mohit Gupta, Mr. Amit Srivastava,
Mr. Sachin Miglani, Advs.

versus

THE REGISTRAR OF COOPERATIVE
SOCIETIES & ANR. .....Respondents
Through: Mr. Shashi Pratap Singh, Advocate for
RCS
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DINESH BHATT

Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
CM APPL. 74018/2026 (for exemption)
2. Allowed, subject to all just exceptions. Application stands disposed of.
W.P.(C) 15825/2026
3. The present petition has been filed by the Petitioner under Articles 226
and 227 of the Constitution of India, inter alia , assailing the office order
bearing REF. NO. CCTCS/03-20/STAFF/13955 dated 2nd March, 2020 and
office letter bearing REF. NO. CCTCS/ 03-2022/1618 dated 2nd March, 2020
issued by the Respondent No.2-Capital Co-operative Thrift and Credit
Society Ltd. (hereinafter, ‘the Society’) .
Signature Not Verified
Signed By:MONIKA
RANA
Signing
Date:30.10.2026 17:53
W.P.(C) 15825/2026 Page 1 of 5

4. The grievance of the Petitioner in the present case is that he had worked
with the Society as Manager (Recovery). However, vide the impugned office
order dated 2nd March, 2020, he was compulsorily retired from his services
st
with effect from 31 March, 2020.
5. Aggrieved by the impugned office order dated 2nd March, 2020, the
Petitioner had preferred a representation dated 19th January, 2021
(hereinafter, ‘representation’) to the Registrar of Cooperative Societies
(hereinafter, ‘RCS’) seeking reconsideration and recall of the said order.
Thereafter, the Petitioner had made other representations, however, no
effective action was taken.
6. The further case of the Petitioner is that he had filed a writ petition
being W.P.(C) 5043/2023 titled ‘Sh. Jitender K. Gupta v. The Registrar Co-
Operative Societies and Anr.’ . In the said case, vide order dated 16th August,
2023, the predecessor Bench of this Court had directed as under:
“[...] 5. We have been informed that the society is now
being run by a management committee.

6. Be that as it may, in view of the submission made by
the learned counsel for petitioner that the issue needs to
be looked into by the RCS, and the RCS, despite the
communication from the then Administrator, has not
given directions, it is appropriate for us to direct the
Registrar to consider the representation dated January
19, 2021 made by the petitioner at annexure P-10 and
pass appropriate orders in accordance with law.

7. We may also state that the plea of the learned counsel
for the RCS by referring to the judgment of the Supreme
Court in Maharashtra State Cooperative Housing
Finance Corporation Ltd. vs. Prabhakar Sitaram
Bhadange in Civil Appeal No. 1488/2017, decided on
Signature Not Verified
Signed By:MONIKA
RANA
Signing
Date:30.10.2026 17:53
W.P.(C) 15825/2026 Page 2 of 5

March 30, 2017 is concerned, we are of the view that it
would be appropriate that RCS shall also consider the
law, in view of Section 70(2) of the Act as to whether
the dispute (if any) is referable to Arbitrator and pass
appropriate orders within a period of six weeks as an
outer limit.

8. Petition along with pending application stands
disposed of.”

7. As can be seen from the above order, the Court had directed the RCS
to consider the representation of the Petitioner and to examine the issue in
respect of Section 70(2) of the Delhi Cooperative Societies Act, 2003
(hereinafter, ‘the Act’) .
8. The grievance of the Petitioner in the present petition is that the RCS
did not comply with the order dated 16th August, 2023, despite repeated
representations being made by the Petitioner and reminders being sent.
9. The Court has considered the matter. One of the grounds raised is that
a dispute between an employer and an employee, where the employer is a
Society, is not arbitrable.
10. Ld. Counsel for the parties have pointed out Section 70 of the Act to
the Court, which reads as under:
“ 70. Disputes which may be referred for arbitration.
(1) Notwithstanding anything contained in any
law for the time being in force, if any dispute touching
the constitution, management or the business of a co-
operative society other than a dispute regarding
disciplinary action taken by the cooperative society or
its committee against a paid employee of the co-
operative society arises -

(a) among members, past members and persons
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RANA
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Date:30.10.2026 17:53
W.P.(C) 15825/2026 Page 3 of 5

claiming through members, past members and deceased
members; or

(b) between a member, past member or person
claiming through a member, past member or deceased
member and the co-operative society, its committee or
any officer, agent or employee of the co-operative
society or liquidator, past or present; or

(c) between the co-operative society or its
committee and any past committee, any officer, agent or
employee, or any past officer, past agent or past
employee or the nominee, heirs or legal representatives
of any deceased officer, deceased agent, or deceased
employee of the co-operative society; or

(d) between the co-operative society and any other
co-operative society, between a co-operative society
and liquidator of another co-operative society or
between the liquidator of one co-operative society and
the liquidator of another co-operative society;

such disputes shall be referred to the Registrar for
decision and no court shall have jurisdiction to
entertain any suit or other proceedings in respect of
such disputes.

(2) If any question arises whether a dispute
referred to the Registrar under this section is or is not a
dispute touching the constitution, management or the
business of a co-operative society, the decision thereon
of the Registrar shall be final and shall not be called in
question in any court.”

11. The Court has also perused the decision considered by the Court vide
order dated 16th August, 2023 being Civil Appeal No. 1488/2017 titled The
Maharashtra State Cooperative Housing Finance Corporation v.
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Signed By:MONIKA
RANA
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Date:30.10.2026 17:53
W.P.(C) 15825/2026 Page 4 of 5

Prabhakar Sitaram Bhadange , wherein, in the context of Section 91 of the
Maharashtra Co-operative Societies Act, 1960 the Supreme Court had held
that the service dispute between employees of co-operative society and the
management is not covered by Section 91 of the Act.
12. Be that as it may, the order dated 16th August, 2023, passed earlier by
this Court, was clear to the effect that the RCS has to take a decision and pass
appropriate orders within six weeks, which was set as an outer limit.
13. However, the order dated 16th August, 2023 has not been complied
with by the RCS, despite repeated representations made by the Petitioner.
14. Under such circumstances, the Court is inclined to direct the RCS to
refer the dispute to arbitration under Section 70 of the Act.
15. The question as to whether the dispute is arbitrable or not shall be
considered by the Ld. Arbitrator itself.
16. The reference for arbitration shall be made by the RCS within a period
of one month from this order.
17. The petition is disposed of in these terms. Pending applications, if any,
are also disposed of.

PRATHIBA M. SINGH
JUDGE

DINESH BHATT
JUDGE
OCTOBER 28, 2026 /ss/sm
Signature Not Verified
Signed By:MONIKA
RANA
Signing
Date:30.10.2026 17:53
W.P.(C) 15825/2026 Page 5 of 5