2010 (3) AIR Kar R 885

Karnataka High Court

Hon'ble Judge(s): Aravind Kumar , J

( A ) Karnataka Co-operative Societies Act (11 of 1959) S. 101 (1)(a) — Execution of award — Award passed for reinstatement of employee — However, certificate issued was contrary to award — Though certificate issued by Registrar is deemed to be a decree for purpose of execution — It cannot be said that certificate would become executable even if it was contrary to award — Certificate cannot be executed.A certificate issued by Registrar or any person authorized by him under sub-clause (a) of sub-section (1) of Section 101 enable the person in whose favour award is passed to file an execution petition before Civil Court for executing award. Thus, it would emerge from combined reading of Section 101(1)(a) that in order to execute award through process of Civil Court, issuance or grant of certificate would be necessary without which execution petition cannot be filed. The issuance of certificate signed by Registrar or any person authorized by him would have to be construed as enabling provision. A person in whose favour award has been passed, would entitle to ignite execution proceedings before Civil Court on strength of such certificate. The award may also be executed by authorities designated by Registrar or such other person empowered under Act itself. Then is such an event certificate contemplated under Section 101(1)(a) would not arise at all. Thus, it cannot be held that certificate if it were to be contrary to award would a....