Allahabad High Court
Dugdh Utpadak Sahkari Sangh Ltd. vs P.O. Labour Court And Others on 30 January, 2023
Author: Rohit Ranjan Agarwal
Bench: Rohit Ranjan Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 10 Case :- WRIT - C No. - 13324 of 1999 Petitioner :- Dugdh Utpadak Sahkari Sangh Ltd. Respondent :- P.O. Labour Court And Others Counsel for Petitioner :- G.D.Misra Counsel for Respondent :- C.S.C.,B.N. Singh Hon'ble Rohit Ranjan Agarwal,J.
Heard Sri G.D. Misra, learned counsel for the petitioner and learned Standing Counsel for the State-respondents. No one has put in appearance on behalf of the respondents-workmen.
By the order dated 18.11.2022, service upon the respondent no.2 was deemed sufficient.
Learned counsel for the petitioner submitted that the Labour Court had no jurisdiction to decide the dispute relating to workmen of Co-operative Societies under Sections 6-H(2) and Section 33-C(2) of the Industrial Disputes Act, 1947 in view of the settled law in case of Ghaziabad Zila Sahkari Bank Ltd. vs. Additional Labour Court and others, JT 2007 (2) SC 566.
He further contends that the entire mechanism has been provided under Section 70 of the U.P. Co-operative Societies Act, 1965 (hereinafter called as "Act of 1965") for the settlement of dispute and it is on the reference that the matter is referred to the Arbitrator which is adjudicated by the authorities mentioned under the Act of 1965. He has further relied upon the decision in the case of Firozabad Dugdh Utpadak Sahkari Sangh Ltd. Vs. Presiding Officer, Labour Court, Agra and others decided on 31.07.2012 in Civil Misc. Writ Petition No.25816 of 1998, whereby the co-ordinate Bench of this Court had taken a similar view and quashed the award of the Labour Court on the ground that it had no jurisdiction to adjudicate the matters falling under the Act, 1965.
Having heard learned counsel for the petitioner and learned Standing Counsel for the State, I find that the Labour Court had exceeded its jurisdiction in deciding the matter referred to it which was not within its competence in the light of the decision of the Apex Court in case of Ghaziabad Zila Sahkari Bank Ltd. (supra).
Moreover, the Act of 1965 provides the entire mechanism for the settlement of dispute between the management and its employees under Section 70 of the Act 1965.
No external need is required and the Labour Court is not competent to enter the arena and decide the dispute.
Section 111 of the U.P. Co-operative Societies Act, 1965 further bars the jurisdiction of Civil and Revenue Courts in entertaining the matters.
In view of the said fact, the order dated 08.01.1999 passed by respondent no.1 is hereby set aside.
Writ petition succeeds and is hereby allowed.
However, it is made clear that the amount deposited by the petitioner before the Labour Court during the writ proceedings, if it has been withdrawn by the workmen, then the petitioner shall not be entitled for the said amount.
Order Date :- 30.1.2023 SK Goswami