Learned counsel for the petitioner states that the provisions of the U.P. Industrial Disputes Act do not apply to the petitioner and, therefore, the claim petition under the said Act is not maintainable. Reliance is placed on the decision of the Apex Court in the case of Ghaziabad Zila Sahkari Bank Ltd. Vs. Additional Labour Commissioner, 2007 (11) SCC 756, which has been followed by this Court in the case of the petitioner itself in Writ Petition No. 44864 of 2005 and in the case of other societies.
The matter requires consideration.
Issue notice to respondent no. 2 returnable at an early date. The petitioner may take steps to serve the respondent no. 2 by registered post.
List after six weeks.
Till the next date of listing, the effect and operation of the impugned judgment and award dated 5.9.2011 published on 18.9.2013 and pasted on the notice board on 18.11.2013 passed by respondent no. 1 in Adjudication Case No. 59 of 2003 (Pradhan Prabandhak Vs. Arvind Kumar Singh) shall remain stayed.
Order Date :- 27.1.2014 OP