ANITA SOLANKI Vs. BHILAI MAHILA SAMAJ

JUDGEMENT

(1.) Aggrieved by the order passed by the Labour Court dtd. 19/4/2011 in case No. 09/CGIR Act/2008, which has also been affirmed by the Appellate Court i.e. Industrial Court Raipur Vide order dtd. 10/9/2012 in Civil Appeal No. 21/CGIRAct/A/II/2011, the present writ petition has been filed.

(2.) Vide the two impugned orders, the Learned Labour Court and also Industrial Court have reached to a conclusion that the claim of the petitioners was not maintainable before the Labour Court under the provisions of the CGIR Act 1960.

(3.) The brief facts relevant for the adjudication of the present writ petition is that alleging illegal termination, the petitioners have approached the Labour Court u/s. 31(3) read with Sec. 61 of the CGIR Act claiming for a relief of reinstatement with consequential benefits. The Labour Court taking cognizance of the order; issued notice to the respondents and proceeded further and decided the matter. The respondents upon notice entered appearance and opposed the claim application on the ground that firstly the respondent does not fall with the definition of industry under CGIR Act. Secondly, the petitioners herein are not employees of the respondent-Society and there was no employer and employee relationship and that the petitioners were also members of the society and therefore the aforementioned CGIR Act 1960 would not be applicable.