1. Heard learned counsel for parties and perused the record.
2. Award dated 16.09.1987 passed by Labour Court, U.P., Meerut in Adjudication Case No. 111 of 1984 has been challenged in this writ petition by Sahkari Ganna Vikas Samiti Limited, Muzaffarpur through its Secretary and the only ground pressed before this Court is that in view of law laid down by Supreme Court in Ghaziabad Zila Sahkari Bank vs. Additional Labour Commission, 2007(11) SCC 756 Labour Court has no jurisdiction in the matter and impugned award is patently without jurisdiction. Reliance is placed on a judgment of this Court (rendered by myself) in M/s Sahkari Ganna Vikas Samiti through Secretary, Rajpal Singh vs. State of U.P. and others (Writ Petition No. 16900 of 2004), decided on 03.10.2013 in which aforesaid judgment of Supreme Court has been referred to in extensio and followed.
3. Learned counsel appearing for respondent-workman submitted that a similar issue in respect of Kerala Cooperative Society Act, 1969 came up for consideration before two Judges Bench of Supreme Court in Smt. K.A. Annamma vs. The Secretary, Cochin Cooperative Hospital Society Ltd., 2018(2) SCC 729 and therein Supreme Court has taken a decision in the context of Kerala Cooperative Society Act, 1969 that Cooperative Society is an Industry and it is said that aforesaid judgment will cover the issue in question.
4. However, I find that aforesaid judgment has been delivered by discussing various provisions of Kerala Cooperative Society Act, 1969 and there is no reference or consideration of judgment in Ghaziabad Zila Sahkari Bank (supra) which was rendered by a Coordinate Bench of Supreme Court after going through the provisions of U.P. Cooperative Societies Act, 1965.
5. A similar issue also came up for consideration in a matter arisen from Maharashtra and therein provisions of Maharashtra Cooperative Societies Act, 1960 were considered, i.e., The Maharashtra State Cooperative Housing Finance Corporation Ltd. vs. Prabhakar Sitaram Bhadange, 2017(5) SCC 623. Construing the provisions of Maharashtra Cooperative Societies Act, 1960, Court held that Section 91 thereof would not cover the dispute of employees/ officers with Management and in such a case if employee satisfies the definition of 'workman', remedy under Industrial Disputes Act, 1947 will be available and said Act will apply. The Court specifically referred to judgment in Ghaziabad Zila Sahkari Bank (supra) observing that in cases where statutory provision provides a machinery for entertaining disputes between Cooperative Society and its employee, in such a case provisions of Industrial Disputes Act will not be applicable. We may quote herein the relevant extract from judgment as under:
"We may also mention at this stage that some of the States have statutes which contain provisions regarding management and regulations of the cooperative society, where specific machinery under these State Cooperative Societies Acts is provided for resolution of employment disputes as well, between the cooperative societies and its employees, that too by excluding the applicability of labour laws. No doubt, in such cases, the disputes between the cooperative societies and it employees, including the workmen, would be dealt with by such machinery and the general Act, like the Industrial Disputes Act, would not be applicable (See Ghaziabad Zila Sahkari Bank Ltd. v. Addl. Labour Commissioner & Ors.(2007) 11 SCC 756 and Dharappa v. Bijapur Coop. Milk Producers Societies Union Ltd. (2007) 9 SCC 109. Pertinently, in the instant case, Section 91 specifically excludes the disputes between the cooperative society as employer and its ''workmen'. Ultimately, the outcome depends upon the powers that are given to the Cooperative Court or the stipulated tribunal created under such Acts. It is in this hue we have to find out as to whether Section 91 of the Act at hand empowers Cooperative Courts to decide such disputes."
6. In view thereof, I am clearly of the view that judgment rendered by Supreme Court in the context of provisions referable to State of U.P. is binding. Hence, for the reasons stated in Supreme Court's decision in Ghaziabad Zila Sahkari Bank (supra) followed by this Court in M/s Sahkari Ganna Vikas Samiti through Secretary, Rajpal Singh (supra), the writ petition is allowed. Judgment of Labour Court impugned in writ petition dated 16.09.1987 is hereby set aside.
Order Date :- 19.12.2018 AK