DISTRICT ADMINISTRATIVE COMMITTEE Vs. PRESIDING OFFICER LABOUR COURT

JUDGEMENT

(1.) HEARD Sri S.K. Rai, learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri A.R. Dube, learned counsel appearing for the respondent workman.

(2.) THE leading petition no. 36355 of 2007 is against an award dated 29.3.2007 rendered by the labour court and the connected petition is against an order dated 24.1.2008 passed for execution of the aforesaid award. With the consent of the parties, both the petitions are being disposed of and the- necessary facts of the leading petition are being considered.

(3.) THE learned counsel for the petitioner has urged that the U.P. Cooperative Societies Act, 1965 (here-inafter referred to as "the Societies Act") is special enactment and a complete Code under which the dispute even with regard to the termination of an employee can be decided and in fact has been decided and the statutory appeal has been? rejected and therefore the entire proceedings under the Disputes Act stood vitiated and therefore the award has to be quashed. In support of his contention he has relied upon a decision rendered by the Apex Court in the case of Ghaziabad Zila Sahakari Bank Ltd. vs. Addl. Labour Commissioner and others (2007 (Vol II) ADJ 25 SC), which has also been followed by learned Single Judges of this Court in several cases including in the case of U.P. Co-operative Spinning Mills vs. Ram Magan and Another (2007 (Vol. X) ADJ 4).