THE SONEPAT VEGETABLES GROWERS CO-OPERATIVE MARKETING SOCIETY LIMITED Vs. PRESIDING OFFICER, INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT

JUDGEMENT

(1.) Instant writ petition has been filed under Articles 226/227 of the Constitution of India for issuance of writ in the nature of certiorari/mandamus for quashing the Award dated 05.04.1991 (Annexure P/5) passed by the Presiding Officer, Industrial Tribunalcum- Labour Court, Rohtak.

(2.) Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that petitioner is a cooperative society registered under the Haryana Cooperative Societies Act, 1984. The petitioner-society has been constituted to provide a platform to the farmers for selling their vegetable products without payment of any commission to the middleman. The Society was established in April, 1984 and at that time, it had only two employees i.e. Mr. Baljit Singh, its Manager and Mr. Pardeep Kumar, Peon-cum-Chowkidar. The strength of its employees was increased to three with the appointment of respondent no.2 as Peon-cum-Chowkidar and after termination of services of respondent also, the total strength of its employees remained three. For conducting the business of the Society, it has framed Byelaws and under Bye-law No.4, its objects have been defined.

(3.) It is the case of the petitioner that keeping in view the number of employees of the Society, it does not fall within the definition of "industry" as defined under Section 2 (j) of the Industrial Disputes Act, 1947 (in short 'the Act'), more particularly in view of explanation (9) added to Section 2 (j) of the Act. It is further averred that on account of resignation of its Peon-cum-Chowkidar, the Managing Committee of the Society resolved to appoint respondent no.2 as Peon-cum-Chowkidar on ad hoc basis on a monthly salary of Rs. 450/- w.e.f 1.4.1984. The decision of the Managing Committee whereby respondent no.2 was appointed reads as under: