RASHTRIYA KHADAN MAZDOOR SAHAKARI SAMITI LTD Vs. PRESIDENT OFFICER CENTRAL GOVERNMENT INDUSTRIAL TRIBUNAL CUM LABOUR COURT

JUDGEMENT

(1.) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner, a registered Co-operative Society, challenges the order of the Central Government, dated 6-4-1972 (Petitioner's Annexure-D) as also the award of the Central Industrial Tribunal, dated 8-9-1972 (Petitioner's Annexure-E)on the ground that the reference to the Industrial Tribunal was not maintainable in law in respect of the dismissal of the employee, by name, ramprasad and his wife, Smt. Jankibai, as they were employees of the petitioner co-operative Society and as such, the question of their dismissal or termination of service will be governed by the provisions of the Madhya Pradesh Co-operative societies Act, 1960, and not by the provisions of the Central Industrial Disputes Act, 1947.

(2.) THE facts leading to the filing of the present writ petition lie in a narrow compass: Ramprasad and his wife, Smt. Jankibai were servants of the petitioner, Co-operative Society. They were charged with an act of misconduct. The Society appointed an Enquiry Officer, who found them guilty. Therefore, their services were terminated by the Society. , The question of their dismissal was taken up by the third respondent, namely, the Samyukta Khadan Ma/door sangh and the Central Government, by order, dated 6-4-1972 (Petitioner's annexure-D) referred the following question for adjudication by the Industrial Tribunal:

(3.) IT does not appear that the question as to whether the matter is governed by the Madhya Pradesh Co-operative Societies Act, 1960, or the Central industrial Disputes Act, 1947, was at all raised before the Industrial Tribunal, nor does it appear to have been raised before the Central Government, which made a refever, it appears that the petitioner had raised such an objection before the Assistant Labour Commissioner, Vide Annexure-C. For this reason we have permitted the petitioner to raise this question before us besides the other question on merits.