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1997 DIGILAW 597 (MP)

DAMOH CO-OP. MARKETING SOCIETY LTD. v. PRESIDING OFFICER, LABOUR COURT

1997-09-12

D.M.DHARMADHIKARI

body1997
D. M. DHARMADHIKARI, J. ( 1 ) THIS petition is directed against an award dated 31. 1. 1985 passed by the Labour Court, Jabalpur whereby respondent no. 2 was directed to be reinstated in the services of the petitioner society. with full back wages. The services of respondent No. 2 commenced on 5. 5. 1972 on the post of Accountant. His services were terminated on 11. 1. 1978. Thereafter he got himself registered as an Advocate and started practice from july, 1982. He could not, therefore, seek relief of reinstatement under the award of the Labour Court passed on 31. 1. 1985. His claim, therefore, survives only with regard to back wages. ( 2 ) LEARNED counsel appearing for the petitioner relied on the decision of the Supreme Court reported in R. C. Tiwari v. M. P. State Co-operative federation. 1997 (76) FLR 383 (SC) and judgment in Civil Appeal No. 3629/96 decided on 1. 10,1996. It is submitted that in the decision of the Supreme Court (supra) it has been held that the remedy of the employees working in the Co-operative societies is only under Section 55 or 64 of M. P. Co-operative Societies Act and resort cannot be code to the remedy of the Labour Court under the Industrial law. ( 3 ) IN view of the above judgments, the award of the Labour Court, jabalpur dated 31. 1. 1985 (Annexure-E) cannot be allowed to stand as it has been passed by Court without jurisdiction. The impugned award (Annexure-E)dated 31. 1. 1985 is here quashed. Since the employee had resorted to that remedy on the basis of the state of law existing then and much time of the parties were also spent in this Court during pendency of this petition. it is directed that. if respondent No. 2 files his claim or dispute before the appropriate Co-operative Court within three months from today it shall be entertained by the appropriate Court under the M. P. Co-operative Societies Act without allowing the parties a plea of limitation. The Co-operative Court is expected to expeditiously decide the dispute as the dispute pertain to the year 1978. In the circumstances, there shall be no order as to costs. The amount of security, if any, be refunded. Petition Disposed of. .