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1997 DIGILAW 662 (MP)

BHOPAL NAGRIK SAHAKARI BANK LTD v. PRESIDING OFFICER, LABOUR COURT, BHOPAL

1997-09-28

D.M.DHARMADHIKARI

body1997
D. M. DHARMADHIKARI, J. ( 1 ) THIS petition is filed by Bhopal Nagrik sahakari Bank Ltd. . which is a registered society under the M. P. Co-operative societies Act. 1960. It is directed against the orders dated 8. 1. 1994 [annexure p-1 (A)] and 5. 7. 1994 (Annexure P-6) of the Labour Court whereby the Labour court, Bhopal on the basis of a reference under Section 10 of the I. D. Act. decided the dispute over date of birth of the employee (respondent No. 2} and granted him relief of reinstatement in service. ( 2 ) THE learned Counsel appearing for the petitioner co-operative society relies on the decisions of the Supreme Court in case of R. C. Tiwari v. M. P. Co-operative Marketing Federation and others, (1997) 5 SCC 125 and unreported decision in the case of Sagarmal v. Distt. Sahakari Kendriya Bank Ltd. Mandsaw and another, (C. A. No. 3629 of 1996 decided on 1. 10. 1996), in support of his contention that the Labour Court had no jurisdiction to decide a service dispute covered by the provisions of Section 55 of the M. P. Co-operative societies Act. ( 3 ) THIS Court had occasion to consider such as an objection of jurisdiction in M. P. No. 2966 of 1987. C. O. D. Employees Co-operative Society v. Presiding Officer, Labour Court and others, decided on 4. 9. 1997. ( 4 ) IN my decision in the case of C. O. D. Employees Co- operative Society (supra) on the basis of the decisions of the Supreme Court, it was held that the employees of the co-operative society have the remedy only under Section 55 of the Act. The remedy under Industrial Law cannot be resorted to by them. Even though the co-operative society may be covered by the definition of 'industry' and its employees in the definition of 'workmen' under the I. D. Act. This Court in the case (supra), however, allowed the employees to approach the Co-operative Court under Section 55 of the Act. But since on the basis of state of law in the State existing then resort was made to the remedy before the Labour Court in the Industrial Law, status quo with regard to the service conditions of the employees was directed to be maintained till approach is made to the Co-operative Court and effective orders are obtained from the new forum. ( 5 ) AS the law has been settled by the Supreme Court that in service disputes falling under Section 55 of the Act, the provisions of the I. D. Act can have no application. The petition has to succeed and is hereby allowed. The impugned orders dated 8. 1. 1994 [annexure P-l (A)] and 5. 7. 1994 (Annexure p-6) passed by the Labour Court are quashed. ( 6 ) RELYING on the decision in M. P. No. 2966 of 1987 decided on 4. 9. 1997. the parties are, however, entitled to similar directions. It is directed that the respondent No. 2 in the same subject-matter in dispute may approach the co-operative Court under Section 55 of the M. P. Co-operative Societies Act within a period of three months from the date of this order. If the dispute is sq raised within the time stipulated above the appropriate Co-operative Court shall entertain the dispute without allowing the parties to raise any bar of limitation. ( 7 ) IN peculiar circumstances of the case and in view of the change in state of law by the pronouncement of the Supreme Court in its decisions (supra), it is directed that the parties shall maintain status quo as obtaining on the date of this order with regard to the service conditions and scale of pay of the employees of the society for a period of three months or till filing of the dispute by any of the parties before the Labour Court on the subject-matter and passing of orders by the appropriate Co-operative Court, whichever is earlier. There shall be no order as to costs of this petition. Security amount. if any, be refunded to the petitioner. Petition allowed. .