ORDNANCE FACTORY CO OPERATIVE SOCIETY LTD Vs. PRESIDING AUTHORITY UNDER PAYMENT OF EAGES ACT ASSISTANT LABOUR COMMISSIONER

JUDGEMENT

(1.) THE present writ petition has been filed under Article 226 of the Constitution of India, inter alia, praying for quashing the proceedings in P. W. Case No. 41 of 2008. It appears that the respondent Nos. 2 to 16 filed an Application under Sections 15 (2) and section 16 of the Payment of Wages Act, 1936. The said application was registered as P. W. Case No. 41 of 2008. Copy of the said application has been filed as Annexure No. 1 to the writ petition. In reply to the aforesaid application filed on behalf of the respondent Nos. 2 to 16, objections have been filed on behalf of the petitioners. Copy of the said Objections has been filed as Annexure S. A. 1 to the supplementary Affidavit.

(2.) THE aforesaid P. W. Case No. 41 of 2008 is pending before the respondent No. 1. It is submitted by Sri Sujeet Kumar Rai, learned counsel for the petitioners that as the respondent Nos. 2 to 16 claim themselves to be the employees of the Ordnance Factory co-operative Society Limited which is a co-operative Society registered under the U. P. Co-operative Societies Act, 1965, the proceedings under the Payment of Wages Act, 1936 are not maintainable in view of the decision of the Supreme Court in Chaziabad zila Sahkari Bank Limited v. Additional labour Commissioner and Others 2007-II-LLJ-239 (SC ).

(3.) AS the said P. W. Case No. 41 of 2008 is pending before the respondent No. 1, it is open to the petitioners to raise the aforementioned objections before the respondent No. 1.