PUNDALIK ISHWAR MANWADKAR Vs. COMMISSIONER OF SUGAR

JUDGEMENT

(1.) The question involved in this writ petition is whether a Labour Officer employed in a sugar factory can approach the commissioner of Sugar and Central Registrar appointed under the Multi State co-operative Societies Act, 1984 (hereinafter referred to as "the Act") in respect of the termination of his services.

(2.) The issue in this petition arises as follows: the petitioner joined service with respondent No. 3 Sugar Factory on 19th September, 1977. The factory was subsequently registered as a Co-opoerative society under the Act. A charge-sheet was issued to the petitioner by the sugar factory on 16th October, 2000 alleging that the petitioner had remained absent from work without sanctioned leave. The other allegation was that the petitioner had not obeyed the instructions to remain present in court in respect of a case filed against the sugar factory. Insubordination was another charge levelled against the petitioner. The petitioner denied these allegations. An inquiry was initiated against the petitioner which, according to the petitioner, was conducted in violation of the principles of natural justice. The Inquiry Officer submitted his report finding the petitioner guilty of the charges levelled against him. The sugar factory accepted the report of the inquiry Officer and removed the petitioner from service.

(3.) Aggrieved by this decision of the sugar factory, the petitioner filed a dispute under section 74 of the Act. An objection was raised by the sugar factory before the Commissioner of Sugar and Central Registrar, respondent no. 1 herein, to the effect that the dispute was not maintainable under section 74 of the Act. The Commissioner of Sugar and Central Registrar accepted the objection of the sugar factory and dismissed the application of the petitioner on 3rd August, 2001. Hence, this writ petition.