GENERAL MANAGER KISAN SAHAKARI CHINI MILLS LTD . Vs. APPELLATE AUTHORITY UNDER PAYMENT OF GRATUITY ACT 1972/DEPUTY LABOUR COMMISSIONER AND OTHERS

JUDGEMENT

(1.) Heard Sri Ved Byas Mishra learned counsel for the petitioner, Sri Gopal Narain holding brief of Sri Shyam Narain learned counsel for the respondent no. 3 and learned Standing Counsel appears for respondent nos. 1 and 2.

(2.) The present petition is directed against the orders dated 25.04.2016 and 01.06.2018 arising out of the proceedings under the Payment of Gratuity Act' 1972 (herein after referred as Act' 1972). Only submission made by the learned counsel for the petitioner to assail the orders impugned is that in view of the law laid down by the Apex Court in the case of Ghaziabad Zila Sahakari Bank Limited Vs. Additional Labour Commissioner and others reported in 2007 (11) SCC 756, the Controlling Authority under the Payment of Gratuity Act had no jurisdiction to decide the dispute relating to non-payment of gratuity to the employees of the Co-operative Sugar Mills namely Kisan Sahakari Chini Mills, Ltd, Nanauta, District-Saharanpur. It is contended that for any dispute raised by the workman of the Co-operative Sugar Mills, after the enforcement of U.P. Cooperative Societies Act' 1965 (herein after referred as Act' 1965), the forum as provided therein would have to be approached. Under Sec. 70 of the Act' 1965, any dispute relating to claim for the amount due, if made, shall be referred to the Registrar for action in accordance with the provisions of the Act and the Rules made thereunder. Reference has also been made to the Uttar Pradesh Cooperative Sugar Mills and Distilleries Employees Service Regulation' 2015 (hereinafter referred as the "Regulation' 2015") framed in exercise of the powers under sub Sec. (2) of Sec. 122 of the Act' 1965 to state that the matters regarding recruitment, emoluments, terms and conditions of services including disciplinary control of the employees of U.P. Co-operative Sugar Factories and Distilleries Employees are covered by the said Regulation.

(3.) Regulation 29 of the Regulation' 2015 provides that the Payment of Gratuity to the employees shall be made according to the Gratuity (Production) Act' 1972 as amended from time to time. And where gratuity trust is established, the rules of registered gratuity trust shall apply.