PRESIDENT/SECRETARY ORDANCE FACTORY Vs. CONCILIATION OFFICER

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner seeking a writ of certiorari quashing the impugned orders dated 3.4.2000 and 6.4.2000 and also prayed for a writ of mandamus commanding the respondents not to proceed with the proceedings pending before the Labour Court and to drop the proceedings.

(2.) THE petitioner is a cooperative Credit Society. The Society terminated the services of respondent No.2 Sri Sunil Kumar Gupta. The employee/workman filed a suit against the termination order. The suit was dismissed. Thereafter the respondent No. 2 preferred first. appeal which is pending. During the pendency of the first appeal, respondent No. 2 raised a labour dispute under' Section 2A of U. P. Industrial Disputes Act before the Conciliation officer, who, after hearing both the parties, registered the case by the impugned order dated 3.4.2000, contained in Annexure -I to the writ petition, under Section 2 -A of the U. P. Industrial Disputes Act and thereafter issued notice dated 6.4.2000 for necessary inquiry into the matter, so that the dispute may be settled between the parties and fixed 2.5.2000 for appearance of the parties.

(3.) THE petitioner has challenged the proceedings before the Conciliation officer under the U. P. Industrial Disputes Act on the grounds (a) that in view of the provisions of Section 135 of U. P. Cooperative Societies Act, the dispute could not be raised under Section 2 -A of the U. P. Industrial Disputes Act as by virtue of this Section the application of U. P. In doctrinal Disputes Act is excluded. The second ground of challenge of the petitioner is (b) that dispute, if any, between the Co -operative Society and its employees can be settled under Section 70 of the U. P. Co -operative Societies Act. Therefore, the proceeding initiated by conciliation officer is barred as remedy is available under the Uttar Pradesh Cooperative Societies Act itself.