MANAGEMENT OF ANAKAPALLE CO OPERATIVE MARKETING SOCIETY LTD Vs. UNION OF KOLAGARIES OF ANAKAPALLE MARKETING SOCIETY ANAKAPALLE
HIGH COURT OF ANDHRA PRADESH
MANAGEMENT OF ANAKAPALLE CO-OPERATIVE MARKETING SOCIETY LTD., ANAKAPALLE
UNION OF KOLAGARIES OF ANAKAPALLE MARKETING SOCIETY, ANAKAPALLE
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(1.) This is an application filed
under Article 226 of the Constitution for
the issue of a writ of certiorari to quash
the order of the Industrial Tribunal,
Hyderabad, made in M.P. No. 68 of 1970
in I.D. No. 4 of 1970, dated 30th July,
(2.) The relevant facts are that the petitioner is the Anakapalle Co-operative
Marketing Society, a body constituted
under the Madras Co-operative Societies
Act, 1932. The society had an establishment of 71 employees in 1966-67 consisting
of several kinds of them including 35
kolagaries. These kolagaries demanded
bonus from the Co-operative Society.
The society, however, did not agree to
treat these kolagaries as employees and
give them the benefit which the other
employees were getting. The Union of
Kolagaries, therefore, pressed their
demand for the bonus for the years 1967-68
and 1968-69, as per the Payment of Bonus
Act, 1965. On the refusal of the society
the Union of Kolagaries raised a dispute
and requested the Government to refer
the same for adjudication to the Industrial
Tribunal. The Government in their G.O.
Ms. No.98, Home (Labour. I) Department,
dated 22nd January, 1970, referred the
following dispute for adjudication to the
(a) Whether the demand of the workmen (Kolagaries) of Anakapalle Cooperative Marketing Society Ltd.,
Anakapalle, for the payment of bonus
for two years 1967-68 and 1968-69, as
per the Payment of Bonus Act, 1965,
is justified ?
(V) If so, what should be the quantum
for each year
(3.) Before the Industrial Tribunal after
the dispute was thus referred, the Petitioner-Society filed M.P. No. 68 of 1970 in
I.D. No. 4 of 1970, questioning the competency cf the Tribunal to decide the claim
of the kolagaries and requested the
Tribunal to first decide the question of
jurisdiction as a preliminary point.
Accordingly the Industrial Tribunal heard
the parties and passed the impugned
order on 30th July, 1970, dismissing the
said application. The Tribunal held that
it is competent to decide the claim for
bonus made by the Union of Kolagaries.
It is this order of the Industrial Tribunal
which is now sought to be quashed.;
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