SECRETARY, GRAM SEWA SAMITI KUTCHARI CHOWK, RAIPUR (CG) Vs. ASSISTANT LABOUR COMMISSIONER & APPELLATE AUTHORITY, CHHATTISGARH SHOP & ESTABLISHMENT ACT, RAIPUR

JUDGEMENT

(1.) Challenge in the present writ petition is to the order passed by the Assistant Labour Commissioner, Raipur in the capacity of the appellate authority under the Chhattisgarh Shops and Establishment Act, 1958, ("the Act of 1958", in short) dated 20.3.2006, whereby the appeal preferred by respondent no.2 against his termination dated 22.2.2000 was allowed and the impugned order of termination has been set aside granting the benefit of wages with allowances for the period between the date of termination till the date of attaining superannuation i.e. in December, 2004.

(2.) It is this order which has been put to challenge by the petitioner in the present writ petition.

(3.) Primarily, the learned counsel for the petitioner opposes the petition on the ground that the proceeding before the appellate authority under the Act of 1958 was not maintainable for the reason that since the petitioner- establishment is registered under the Societies Act, the remedy available to the petitioner was for approaching the authority under the Cooperative Societies Act for redressal of their grievance and the proceeding before the authority under the Act of 1958 was without jurisdiction in the light of the decision of the Hon'ble Supreme Court in the case of R. C. Tiwari v. M.P State Co-operative Marketing Federation Limited and Others, 1997 5 SCC 125 and also the judgement of the Madhya Pradesh High Court in the case of Gramin Vidyut Sahakari Samiti Maryadit v. Devideen Patel and Another,2003 RN 203.