PALAMPUR CO-OPERATIVE Vs. STATE OF H.P.

JUDGEMENT

(1.) THE following interesting question of law arises in these writ petitions. Whether the employees of a co operative society who are governed by the provisions of H.P. Co operative Societies Act and the rules framed there under can claim the benefit of the provisions of the Industrial Disputes Act?

(2.) THE facts necessary for decision of the petitions and which are not in dispute are that the petitioner society in all cases is a society registered under the H.P. Co operative Societies Act (hereinafter referred to as the Act). The society was engaged in the business of sale of food grains on behalf of the Government and was admittedly getting commission on the said sale. The society had engaged the respondent workmen, (hereinafter referred to as the workmen) as employees in the society.

(3.) THE learned Presiding Officer of the Labour Court cum Industrial Tribunal (for short the tribunal) has decided each of the references separately. The tribunal has come to the conclusion that the services the services of the workmen were disengaged without issuing any notice to them as required under Section 25 F of the I.D. Act. According to the society their services were terminated because the State Government took a policy decision to withdraw the work of public distribution of food grains and fertilizers from the society and as such no work was left with the society. The tribunal came to the conclusion that the termination of the services of the petitioner was illegal and against the provisions of the I.D. Act and, therefore, set aside the order of termination and directed that the workmen be reinstated with all consequential benefits including back wages to the extent of 50%. These orders are under challenge before us.