# The C/M, Maharshi Kapil Muni Shiksha Samiti, District Mainpuri & Anr v. State of U.P. & Anr

- **Citation:** (2021) 1 ILRA 305
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2019-07-17
- **Case number:** Writ C No. 19885 of 2020
- **Bench:** Pankaj Bhatia
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/the-c-m-maharshi-kapil-muni-shiksha-samiti-district-mainpuri-anr-v-state-of-u-p-46007
- **Pages:** 5

## Headnote

(A) Civil Law - voluntary dissolution -
Societies Registration Act, 1960 -
Section 13 - Provision for dissolution
of societies and adjustment of their
affairs - Section 13A - Power of
Registrar to apply for dissolution ,
Section 13B - Dissolution by court -
voluntary dissolution under Section
13 - simply requires the passing of a
resolution by the members of the
society no being less than threefourth of the total members of the
society - Once the said condition is
306 INDIAN LAW REPORTS ALLAHABAD SERIES
met, no sanction is required from
anyone and the Assistant Registrar
need not be approached for giving a
seal of approval to the resolution of
dissolving the society.(Para -10,16)

Petitioners have dissolved their society by
Resolution passed unanimously i.e., by more
than three-fifth members of the society -
accordance with the scheme of Societies
Registration Act, 1960 - transferred assets and
liabilities to the newly created trust - claim of
petitioner - application moved before the
Respondent No. 2 for approval of the resolution
is pending consideration. (Para - 1,2,3)

HELD: - No seal of approval is required for
dissolving the society as has been done in the
present case, a writ, as prayed for cannot be
granted, however, petitioners are directed to
give an information in writing along with the
copy of Resolution to the Assistant Registrar of
Societies who shall record the same in his
records. (Para - 17)

Writ petition disposed off. (E-6)

List of Cases cited :-

## Text

1 All. The C/M, Maharshi Kapil Muni Shiksha Samiti, District Mainpuri & Anr. Vs. State of
 U.P. & Anr.
305
legislative action also. But there is no
concept known to law that permits an
administrative review. Judicial orders can
be undone by invoking the appellate,
revisional or supervisory procedures by
approaching a higher judicial forum. It
cannot be done by an executive or
administrative action. The impugned order
is also bad, for another reason. It has
proceeded substantially, if not entirely, on
the opinion of the District Government
Counsel. Even if an opinion were sought by
the
Labour
Commissioner,
who
is
presumably a layman (as opposed to a
legally trained mind) ought not have
referred to the legal opinion received by
him. In fact, he should not have acted on
any legal opinion at all. This is so because
an order founded on legal opinion is not
one where the Authority making the order,
has done an independent application of
mind. Rather, he has gone by the opinion of
another, may be a legal expert. This in
itself would vitiate the impugned order. In
any view of the matter, this Court is of
clear opinion that the impugned order
undoing
a
judicial
order
by
an
administrative determination is ultra vires
and without jurisdiction. Though, Mr.
Diptiman Singh sought to justify the order
dated 17.07.2019 passed by the Presiding
Officer, Labour Court (3), U.P., Kanpur in
Adjudication Case No. 115 of 2010, this
Court is not minded to examine that
question in the absence of a challenge to
the order dated 17.07.2019 by a party who
is aggrieved. It is also made clear that if
any party, including the fourth respondent,
is aggrieved by the order dated 17.07.2019,
it would be open to them to challenge the
said order through competent proceedings,
as advised.

19. In the result, this writ petition
succeeds and is allowed. The impugned
order dated 05.05.2020, passed by the
Labour
Commissioner,
U.P.,
Kanpur
insofar as it relates to Adjudication Case
No. 115 of 2010, is hereby quashed. The
consequential notice issued by the Labour
Court (3) U.P., Kanpur dated 03.07.2020 in
Adjudication Case No. 115 of 2010 is also
quashed.

20. There shall, however, be no order
as to costs.
----------
(2021)01ILR A305
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 08.12.2020

BEFORE

THE HON'BLE PANKAJ BHATIA, J.

Writ C No. 19885 of 2020

The C/M, Maharshi Kapil Muni Shiksha
Samiti, District Mainpuri & Anr.
 ...Petitioners
Versus
State of U.P. & Anr. ...Respondents

Counsel for the Petitioners:
Sri Ved Prakash Shukla

Counsel for the Respondents:
C.S.C.

(A) Civil Law - voluntary dissolution -
Societies Registration Act, 1960 -
Section 13 - Provision for dissolution
of societies and adjustment of their
affairs - Section 13A - Power of
Registrar to apply for dissolution ,
Section 13B - Dissolution by court -
voluntary dissolution under Section
13 - simply requires the passing of a
resolution by the members of the
society no being less than threefourth of the total members of the
society - Once the said condition is
306 INDIAN LAW REPORTS ALLAHABAD SERIES
met, no sanction is required from
anyone and the Assistant Registrar
need not be approached for giving a
seal of approval to the resolution of
dissolving the society.(Para -10,16)

Petitioners have dissolved their society by
Resolution passed unanimously i.e., by more
than three-fifth members of the society -
accordance with the scheme of Societies
Registration Act, 1960 - transferred assets and
liabilities to the newly created trust - claim of
petitioner - application moved before the
Respondent No. 2 for approval of the resolution
is pending consideration. (Para - 1,2,3)

HELD: - No seal of approval is required for
dissolving the society as has been done in the
present case, a writ, as prayed for cannot be
granted, however, petitioners are directed to
give an information in writing along with the
copy of Resolution to the Assistant Registrar of
Societies who shall record the same in his
records. (Para - 17)

Writ petition disposed off. (E-6)

List of Cases cited :-

(Delivered by Hon'ble Pankaj Bhatia, J.)

1. Present writ petition was filed
alleging that the petitioners have dissolved
their society by Resolution dated 1.4.2011
in accordance with the scheme of Societies
Registration Act, 1960 (in short 'the Act')
and have transferred assets and liabilities to
the newly created trust in the name of
Maharshi Kapil Muni Shiksha Trust.

2. Petitioner claims that in terms of
the resolution passed, an application was
moved before the Respondent No. 2 for
approval of the resolution.

3. Counsel for the petitioner argues
that the application filed before the
Respondent No. 2 for approval of the
resolution dated 1.4.2011 is pending
consideration, as such, he prays that a
suitable writ, order or direction be issued to
the Respondent No. 2 to take a decision on
the said application.

4. This Court raised a pointed query
to the counsel for the petitioner as to where
is the provision prescribed under the Act
conferring the power on the Assistant
Registrar to approve the resolution passed
by the society for its dissolution.

5. Counsel for the petitioner has relied
upon the provisions of Section 13 of the
Act. There appears to be no such provision,
as such, I consider it appropriate to discuss
the scope of Section 13 containing a
provision for dissolution of societies and
adjustment of their affairs. The provision
for dissolution of societies and adjustment
of their affairs is contained in Section 13,
which is as under:

"13. Provision for dissolution of
societies
and
adjustment
of
their
affairs.?Any number not less than threefifths of the members of any society may
determine that it shall be dissolved, and
thereupon it shall be dissolved forthwith,
or at the time then agreed upon, and all
necessary steps shall be taken for the
disposal and settlement of the property of
the society, its claims and liabilities,
according to the rules of the said society
applicable thereto, if any, and if not, then
as
the
governing
body
shall
find
expedient, provided that, in the event of
any dispute arising among the said
governing body or the members of the
society, the adjustment of its affairs shall
be referred to the principal Court of
original civil jurisdiction of the district in
which the 'registered office of the
society'* (* as amended vide Uttar
1 All. The C/M, Maharshi Kapil Muni Shiksha Samiti, District Mainpuri & Anr. Vs. State of
 U.P. & Anr.
307
Pradesh Act 52 of 1975 w.e.f. 10.10.1975)
is situate; and the Court shall make such
order in the matter as it shall deem
requisite:

Provided that no society shall be
dissolved
unless
three-fifths
of
the
members shall have expressed a wish for
such dissolution by their votes delivered in
person, or by proxy, at a general meeting
convened for the purpose:

Provided that [whenever any
Government] is a member of, or a
contributor to, or otherwise interested in
any society registered under this Act, such
society shall not be dissolved [without the
consent of the Government of the [State]
of registration.]"

6. The State of Uttar Pradesh has
amended the Societies Registration Act
insofar its applicability in the State of Uttar
Pradesh is concerned and Section 13A and
Section 13B have been incorporated in the
Act providing for dissolution of the society
in
manner
other
than
a
voluntary
dissolution as provided under Section 13 of
the Act, which is quoted hereinabove.

7. Section 13A and 13B amended by
virtue of U.P. Act No. 52 of 1975 are
quoted as under:-

"13A. Power of Registrar to
apply for dissolution:- (1) Where in the
opinion of Registrar, there are reasonable
ground to believe in respect of a society
registered under this Act that any of the
grounds mentioned in clauses (a) to (e) of
sub-section (1) of Section 13B exists he
shall send to the society, a notice calling
upon it to show cause within such time as
may be specified in the notice why the
society be not dissolved.

(2) if on or before the date
specified in the notice or within such
extended period as the Registrar may
allow, the society fails to show any cause
or if the cause shown is considered by the
Registrar
to
be
unsatisfactory,
the
Registrar, may move the Court referred to
in section 13 for making an order of the
dissolution of the society.

13B. Dissolution by court:- (1)
On the application of the Registrar under
section 13 A or under section 24 or on an
application made by not less than one
tenth of the members of a society
registered under this Act, the Court
referred to in section 13 may make an
order for the dissolution of the society on
any of the following grounds, namely:-

(a)
that
the
society
has
contravened any provision of this Act or of
any other law for the time being in force
and it is just and equitable that the society
should be dissolved:

(b) that the number of the
members of the society is reduced below
seven;

(c) that the society has ceased to
function for more than three years
preceding the date of such application;

(d)that the society is unable to
pay its debts or meet its liabilities; or

(e) that the registration of the
society has been cancelled under Section
12 D on the ground that its activities or
proposed activities have been or will be
opposed to public policy.

(2) Without prejudice to the
provisions of sub-section (1) or of Section
12D, the Court may on an application of
the District Magistrate in this behalf make
an order for the dissolution of a society on
the ground that the activities of the society
constitute a public nuisance or are other
wise opposed to public policy.

(3). When an order for the
dissolution of a society is made under subsection (1) or sub-section (2), all necessary
308 INDIAN LAW REPORTS ALLAHABAD SERIES
steps for the disposal and the settlement of
the property of the society, its claims and
liabilities and any other adjustment of its
affairs take place in manner as the Court
may direct."

8. Thus, in the scheme of the Act
with regard to dissolution, it is clear that
the dissolution of a society can take place
by three modes, the first being a
voluntary dissolution as provided under
Section 13, wherein the requirement is
that there has to be a resolution passed by
number of members, who are not less
than three-fifth of the member of any
society and as soon as such resolution is
passed, the dissolution happens forthwith
or at any time i.e. agreed upon in the
resolution. After the dissolution which
happens on the passing of the resolution
further steps are required to be taken for
disposal and settlement of the property of
the society, its claims and liabilities
according to the Rules of the said society
applicable thereto.

9. A perusal of Section 13 of the Act
also makes it clear that an inbuilt
mechanism is provided for contingencies
that may arise in the event of any dispute
arising among the said governing body or
the members of the society or with regard
to the affairs which have to be referred to
the Principal Court of original civil
jurisdiction of the district in which the
registered office of the society is situate
and such, Court is empowered to pass
requisite orders.

10. A plain reading of the said
section makes it clear that no sanction is
required from anyone and the Assistant
Registrar need not be approached for
giving a seal of approval to the resolution
of dissolving the society.

11. In addition to the voluntary
resolution as provided under Section 13,
two other modes of dissolution have also
been provided in the State of Uttar Pradesh
by incorporation of Section 13A and
Section 13B in the Act.

12. Section 13A confers power on the
Registrar to apply for the dissolution in the
event
of
contingencies
which
are
enumerated under Section 13A (1) of the
Act.

13. Section 13B provides for yet
another manner of dissolution by the Court
on an application of the Registrar under
Section 13A or Section 24 or on an
application made by not less than one-tenth
of the members of the society registered
under this Act and the Court is empowered
to pass orders for the dissolution of the
society on the happening of any of the
grounds as enumerated in Clause (a) to (e)
of Section 13B (1) of the Act.

14. Curiously enough Section 13(B)
(2)
provides
yet
another
mode
of
dissolution of the society by the Court on
an application of the District Magistrate on
the limited grounds enumerated therein.

15. Thus, under scheme of the Act,
three modes of dissolution are prescribed,
first one being voluntary dissolution under
Section 13, second being dissolution at the
instance of the Registrar and the third being
dissolution under the orders of the Court.

16. In the present case, we are
concerned with the voluntary dissolution
under Section 13, which simply requires
the passing of a resolution by the members
of the society no being less than three-forth
of the total members of the society. Once
the said condition is met, no other
1 All. Mohar Singh Vs. Presiding Officer, Labour Court, U.P., Agra & Anr.
309
condition is required to be fulfilled and the
same does not require a seal of approval by
any officer or authority. In the present case,
it is alleged that by a resolution passed
unanimously i.e. by more than three-fifth
members of the society on 1.4.2011, the
society has been dissolved, as such, no
further approval is required and the
dissolution would be deemed to be
effective from the date of its passing i.e.
1.4.2011.

17. As I have recorded above that no
seal of approval is required for dissolving
the society as has been done in the present
case, a writ, as prayed for cannot be
granted, however, petitioners are directed
to give an information in writing along with
the copy of Resolution to the Assistant
Registrar of Societies who shall record the
same in his records.

18. The writ is disposed off.

18. The writ petition is disposed off.
----------
(2021)01ILR A309
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 07.12.2020

BEFORE

THE HON'BLE J.J. MUNIR, J.

Writ C No. 20773 of 2020

Mohar Singh ...Petitioner
Versus
Presiding Officer, Labour Court, U.P., Agra
& Anr. ...Respondents

Counsel for the Petitioner:
Sri Alok Krishan Tripathi

Counsel for the Respondents:
C.S.C.
(A) Labour Law - The Uttar Pradesh
Industrial
Disputes
Act,
1947
-
Section 4-K - Reference of disputes
to
labour
court
or
Tribunal
-
Termination of services - Labour
Court
is
a
Court
of
referred
jurisdiction - Labour Court, unlike a
court of general jurisdiction, cannot
answer anything, but what has been
referred to it - impugned award is
not liable to be disturbed and is
upheld. (Para -15,16)

Petitioner is a workman, whose services have
been terminated by the Employers - reference
made to the Labour Court, under Section 4-K
of the Uttar Pradesh Industrial Disputes Act,
1947 - reference has been answered against
the workman and in favour of the Employers -
What has been referred to the Labour Court,
is a dispute about the validity of the
termination of the workman's services w.e.f.
20.02.2004 by the Employers, whereas the
dispute is one about his transfer on that
date.(Para - 2,3,4,15)

HELD:-Workman's services being never
terminated, the Labour Court could not have
decided the validity of the transfer on a
reference made about termination of his
services. The reference made certainly does
not clothe the Labour Court with jurisdiction
to decide upon the validity of the transfer
order dated 20.02.2004. It is, however,
ordered
that
the
Deputy
Labour
Commissioner/ State Government, whoever
is competent, shall make a fresh reference,
under Section 4-K of the Act of 1947 in
appropriate terms, referring the dispute that
arises between parties, bearing in mind what
has been said in this judgment. (Para -
15,16)

Writ petition disposed off. (E-6)

List of Cases cited :-

M/S Super Cassettes Industries Pvt. Ltd. Vs
St. Of U.P. & 2 ors. , WRIT - C No.52897 of
2017, decided on 05.02.2020