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The Nilgiris Co-operative Marketing Society has its Head Office at Udhagamandalam and Branch office at Mettupalayam and other Offices in the Nilgiris District. The said Society was constituted for the benefit of about 20000 vegetable growers and merchants who were the members. The potatoes and other vegetables of the said members were used to be brought to the Society's yard by the growers or their representatives in lorries hired by them. The workmen who were originally 407 in number consisting of both men and woman were doing the work of loading, unloading, grading and sorting. The arrival of potatoes and other vegetables would be high and low according to the season. When the lorries arrived in the yard of the Society, the workers who were available at that time out of the said 407 persons, were used for the purpose of loading, unloading, etc. through 19 group leaders called Contractors. Weighing and stocking facilities were available in the godown. After the grading process is over, the Society arranged for the auction of the produce. Following the auction sale, the said persons were used for loading the potatoes and vegetables in the lorries through the group leaders, The said workers were paid on piece rate basis through the said contractors. The amounts so paid were recovered from the members by adjustment.

6. During the pendency of the said I. D.No 53 of 1984, the Nilgiris Co-operative Marketing Society Thozhilalar Sangam, Ooty (Union) filed two writ petitions in W.P.Nos.9333 and 9334 of 1985. In W.P.No.9333 of 1985, the appellant sought for a relief of writ of mandamus directing the first respondent, State of Tamil Nadu and the second respondent. State Labour Advisory Committee to forbear the employment of contract labour in loading, unloading, grading, packing and other allied operations in the third respondent. Nilgiris Co-operative Marketing Society Ltd., under S. 10 of the Contract Labour (Regulation and Abolition) Act, 1970, while the appellant prayed in W.P. No.9334 of 1985 for an issue of writ of mandamus directing the Marketing Society not to engage contract labour for the aforesaid work on the ground that the same would be contrary to Ss. 25-D and T of Industrial Disputes Act and Ss 7 and 12 of the Contract Labour (Regulation and Abolition) Act 1970.

28. A careful scrutiny of all the available materials would reveal the following which are in our opinion necessary to settle the controversy between the union and the society.

29. The Nilgiris Co-operative Marketing Society Ltd., came into existence in the year 1935 in order to protect the small agriculturists and farmers who were the members therein from the exploitation of the traders. Now the said Society, has a membership of 22000 small farmers and agriculturists, who produce potato and other vegetables which are highly perishable. The produce viz. potatoes and other vegetables are brought to the marketing yard of the Society at Mettupalayam by the member farmers or their representatives in lorries. Immediately on the arrival of the produce so brought, they are unloaded, sorted out or graded, weighed and auctioned in the presence of the member farmers or their representatives. After the auction is over, the potato and other vegetable packets were loaded in the lorries. The member farmers, who are the owners of the produce have got a right to confirm by giving consent or decline to sell the produce as per the auction, and they are having right to sell their produce in the succeeding auction. The member of the Society is under no obligation to bring his produce to the Society for sale. He can sell his produce in any other manner he thinks fit. The above work of unloading, unpacking, sorting or grading, weighing, packing and loading is done by the workers, who were available then in the yards.