MANAGEMENT OF ANAKAPALLE CO OPERATIVE MARKETING SOCIETY LTD Vs. UNION OF KOLAGARIES OF ANAKAPALLE MARKETING SOCIETY ANAKAPALLE

JUDGEMENT

(1.) This is an application filed under Article 226 of the Constitution for the issue of a writ of certiorari to quash the order of the Industrial Tribunal, Hyderabad, made in M.P. No. 68 of 1970 in I.D. No. 4 of 1970, dated 30th July, 1970.

(2.) The relevant facts are that the petitioner is the Anakapalle Co-operative Marketing Society, a body constituted under the Madras Co-operative Societies Act, 1932. The society had an establishment of 71 employees in 1966-67 consisting of several kinds of them including 35 kolagaries. These kolagaries demanded bonus from the Co-operative Society. The society, however, did not agree to treat these kolagaries as employees and give them the benefit which the other employees were getting. The Union of Kolagaries, therefore, pressed their demand for the bonus for the years 1967-68 and 1968-69, as per the Payment of Bonus Act, 1965. On the refusal of the society the Union of Kolagaries raised a dispute and requested the Government to refer the same for adjudication to the Industrial Tribunal. The Government in their G.O. Ms. No.98, Home (Labour. I) Department, dated 22nd January, 1970, referred the following dispute for adjudication to the Industrial Tribunal. (a) Whether the demand of the workmen (Kolagaries) of Anakapalle Cooperative Marketing Society Ltd., Anakapalle, for the payment of bonus for two years 1967-68 and 1968-69, as per the Payment of Bonus Act, 1965, is justified ? (V) If so, what should be the quantum for each year

(3.) Before the Industrial Tribunal after the dispute was thus referred, the Petitioner-Society filed M.P. No. 68 of 1970 in I.D. No. 4 of 1970, questioning the competency cf the Tribunal to decide the claim of the kolagaries and requested the Tribunal to first decide the question of jurisdiction as a preliminary point. Accordingly the Industrial Tribunal heard the parties and passed the impugned order on 30th July, 1970, dismissing the said application. The Tribunal held that it is competent to decide the claim for bonus made by the Union of Kolagaries. It is this order of the Industrial Tribunal which is now sought to be quashed.