The Arbitration Tribunal has passed an interim order restraining the Board of Directors of the National Federation of Fishers Cooperatives Ltd. (FISHCOPFED), which claims to have been elected on February 25, 2021, from functioning until the arbitration proceedings are finally concluded.
The Tribunal, constituted under the Multi-State Cooperative Societies Act, 2002, and headed by Kalyan Sahai Meena, IAS (Retd.), Sole Arbitrator and nominee of the Central Registrar of Cooperative Societies, passed the order under Section 17 of the Arbitration and Conciliation Act, 1996.
The proceedings arise from a dispute referred to by the Central Registrar of Cooperative Societies under Section 84 of the Multi-State Cooperative Societies Act.
As part of the interim directions, the Tribunal also restrained all individuals forming part of the claimed 2021 Board from acting as Board members during the pendency of the arbitration. The Tribunal observed that interim protection was necessary until the issues relating to the validity of the Board are finally decided.
The Tribunal further directed that an Administrator be appointed at the earliest by the competent authority, either the Ministry of Cooperation, Government of India, the Ministry of Fisheries, Animal Husbandry and Dairying, Government of India, or the Central Registrar of Cooperative Societies, to manage the affairs of FISHCOPFED.
The Administrator will be empowered to look into and address administrative and operational issues, including alleged obstruction of employees and non-payment of salaries, subject to the final outcome of the arbitration.
In another significant interim direction, the Tribunal restrained S.S. Mahhour and P.K. Chaudhary from performing any duties in FISHCOPFED. The order notes that they are stated to be working as Director and Deputy Director on post-retirement extended services, and their role will remain suspended until the status of the claimed Board is decided.
The Order further clarifies that retired employees have no right to return or resume duties under the status quo ante, as it does not revive expired service relationships. However, several serving employees who had earlier been restrained by Mahhour and P. K. Chaudhary are permitted to attend office, a legal expert said after examining the Order.
A copy of the interim order has been forwarded to the Ministry of Fisheries, Animal Husbandry and Dairying, the Ministry of Cooperation, and the Central Registrar of Cooperative Societies for necessary and immediate action.
The Tribunal has also granted liberty to the parties to approach it in the event of any non-compliance of the interim directions.
It may be recalled that the dispute relates to the validity of the 2021 FISHCOPFED Board election, which was challenged by Ramdas P. Sandhe and others and subsequently referred to arbitration by the Central Registrar of Cooperative Societies under the Multi-State Cooperative Societies Act, 2002.
