KASHMIR PASHMINA EMBROIDERY Vs. STATE OF J&K

JUDGEMENT

(1.) MOHD . Raza, respondent No. 7, Accountant on consolidated monthly pay with Kashmir Pashmina Embroidery workers Co -operative Ltd. Srinagar, (hereafter for short Co -operative Ltd.), was removed by the later and his services terminated on 9th of February 1991. Respondent No. 7 approached the Assistant Labour Commissioner for release of his wages and for being permitted to resume his duties with the Co -operative Ltd, The Assistant Labour Commissioner as Conciliation Officer under Industrial Disputes Act referred the matter alongwith his failure report to J&K Government The Government vide notification SRO: 39 dated: 9.2.1994 referred the matter in exercise of powers under Section 10 clause (c) sub clause (1) of the Industrial Disputes Act 1847 (hereafter for short Act), for adjudication to the Labour Court This SRO and the notification of reference of the dispute for adjudication to the Labour Court/ Industrial Tribunal J&K Srinagar is impugned in this writ petition,

(2.) SOME more additional facts which need to be taken note of are: -

(3.) THAT the Co -operative Ltd is the registered Co -operative society under J&K Cooperative Societies Act 1960. Among its objects interalia it is provided that the Cooperative Ltd engages itself in improvement and betterment of the conditions of its members and as also for the pashmina and embroidery Industry as a whole. It is also its avowed object to arrange for the purchase of raw material and sale of finished goods and to deal and market the goods of the members. It is also engaged to raise the standard of workmanship of the members and to act and engage itself as agent for the purchase of raw material and for the sale of finished goods forth Co -operative Ltd The Society and its activists are organised and its functions and operation are dictated by its above referred objects,