HARI SINGH Vs. LABOUR COURT NO-2

JUDGEMENT

(1.) The core issue involved in the present writ petition is whether the Labour Court had jurisdiction to pass an award on the reference of dispute raised by an employee of Cooperative Society registered under the Cooperative Societies Act?

(2.) Petitioner who had raised the dispute, was found to be a workman and it was also found that he had completed more than 240 days prior to his being to his removed from service and also that there had been non compliance of Section 25-F of Act of 1947. The respondent-society was found to be coming within the meaning of definition of industry in terms of Section 2(S) of the Act but the Labour Court refuse to grant relief on the ground of maintainability, in view of judgment passed by this Court in the case of Sawai Madhopur Cooperative Marketing Society v. Rajasthan State Cooperative Tribunal; 1979(2) RLR 555.

(3.) The view taken by this Court in the aforesaid judgment of service matters being dealt with under the Cooperative Societies Act, 1965 shall be deemed to be over ruled impliedly in view of the law as laid down by the Supreme Court in the case of Maharashtra State Cooperative Housing Finance Corporation Limited v. Prabhakar Sitaram Bhandange; 2017(5) SCC 623 wherein it has been held as under:-