LAWS(BOM)-2011-2-157

AMBAJOGAI SAHAKARI SAKHAR KARKHANA LTD Vs. SHANKAR

Decided On February 28, 2011
AMBAJOGAI SAHAKARI SAKHAR KARKHANA LTD. Appellant
V/S
SHANKAR S/O. SHESHERAO PAWAR Respondents

JUDGEMENT

(1.) Heard Advocate Shri. T.G. Gaikwad for Petitioner/employer and Advocate Mr. M. S. Kokate for Respondent/workman.

(2.) Respondent/workman approached Co-operative Court under section 91 of Maharashtra Co-operative Societies Act, 1960 claiming certain amounts as due and payable to him on account of voluntary retirement scheme floated by petitioner/employer. The Cooperative Court has allowed that dispute and petitioners appeal against it has been dismissed by Co-operative Appellate Court.

(3.) Shri. Gaikwad contends that Respondent being a workman as defined under section 2(s) of Industrial Disputes Act. the dispute ought to have been filed only before the Industrial Court and Co-operative Court could not have taken any cognizance thereof. He wants to rely upon certain material and findings recorded by Co-operative Court and Cooperative Appellate Court in this regard.