KARNATAKA MILK FEDERATION EMPLOYEES FEDERATION R BANGALORE Vs. COMMISSIONER OF LABOUR IN KARNATAKA BANGALORE

JUDGEMENT

(1.) W. P. No. 27441 of 2004 is filed by Karnataka Milk Federation employees Federation and three others seeking for a writ of certiorari to quash the endorsement dated 24-6-2004 issue by the Labour commissioner. In addition petitioners are also seeking for a direction directing the third respondent to refer the dispute to the industrial tribunal for adjudication. Alternatively, petitioners states that a direction be issued to the Registrar of Co-operative Societies to adjudicate the dispute in terms of the averments. Petitioners in these circumstances are before me.

(2.) FIRST petitioner is a federation of various registered trade unions functioning among the workmen employed by KMF and the so-called contractors working in various District Milk Unions referred to as respondents in this petition. The [second and the third respondents] are the contract labourers working in the respondent 15 for the last 10 to 15 years. The fourth petitioner is also a contract labourer working in the fourth respondent. First petitioner-federation has in the past, negotiated with the respondent-managements on many occasions in respect of the service conditions of employees. Settlements have been entered into between the parties. Respondents 4 to 17 are all respectively employers in the milk industry in the entire State of Karnataka. There are several workmen who are working on contract basis as on today. Federation raised a dispute in this regard before the Labour Commissioner and the matter was referred to industrial adjudication. During the pendency of the dispute, the reference was challenged before this Court by way of a writ petition. This Court ruled that the question of abolition of contract labour has to be referred to the State Government. The State government thereafter passed an order for prohibiting employment of contract labour in respondent establishments. The said notification was challenged by the respondents before this Court in W. P. Nos. 48206 to 48212 of 2001.

(3.) MANAGEMENTS were not however agreeable for absorption of contract labour. In those circumstances, the federation was compelled to raise disputes before the various authorities. Petitioners filed a petition before the Department of Labour. The Commissioner of Labour has issued an endorsement and in the endorsement the Commissioner has stated that in view of the decision of this Court it is not possible to take up the matter in conciliation under the Industrial Disputes Act, 1947. Thereafter petitioner moved the Registrar of Co-operative Societies under Section 70 of the Karnataka Co-operative Societies Act, 1959. Registrar has chosen to issue an endorsement saying that since the petitioner-federation is not an institution registered under the karnataka Co-operative Societies Act, 1959, the dispute cannot be entertained. It was informed that since the dispute is collective in nature, it cannot come under Section 70 of the Act. Petitioners in these circumstances, are before me seeking for various prayers.