M.P.STATE CO-OPERATIVE UNION LTD.,(A CO-OPERATIVE SOCIETY REGISTERED UNDER THE Vs. STATE OF M.P.THROUGH THE SECRETARY, DEPARTMENT OF LABOUR WELFARE, GOVT.OF

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of the Constitution of India, the petitioner is seeking relief to issue writ in the nature of certiorari to quash the impugned order dated 13/10/1995 (Annexure -P/15 passed by respondent No. 2 under Section 33 -C (i of the Industrial Disputes Act, 1947 ( for brevity the Act of 1947 for recovery of sum of Rs. 3,03,126/ - and the respondents be restrained from recovering this amount.

(2.) THE factual matrix giving rise to the present petition is that the petitioner is a Co -operative Society Union Ltd. , duly registered under M. P. Co -operative Societies Act, 1960 (in short the Act of 1960 . Dy. Labour Commissioner (respondent No. 2 has been delegated the powers of appropriate Government under the provisions of the Act of 1947. Respondent No. 3 is the workman in whose favour the impugned order Annexure -P/15 has been passed by respondent No. 2.

(3.) FEELING aggrieved by the action of the petitioner -society, the workman raised an industrial disputes before respondent No. 2 and the matter was referred to the labour Court for its adjudication. Though the petitioner contested the matter before the Labour Court, however, an award was passed by the labour Court on 14/6/1985 holding the termination of the workman illegal as a result of which it was directed by the Labour Court to the petitioner -society to reinstate him with full back wages from the date of his termination till the date of joining of his duties. Copy of the award passed by the Labour Court has been placed on record as Annexure -P/1.