Decided on October 12,2012

F.R.I. (Salary Earners), Cooperative Society Ltd Appellant


- (1.) By means of this petition the petitioner has sought a writ in the nature of certiorari quashing the impugned orders dated 21-10-1997, 25-4-1998 (Annexure Nos. 1 and 2 to the writ petition), passed by Labour Court, Dehradun in Misc. Case No. 51/1997 H.K. Bahuguna Vs. F.R.I.
(2.) Brief facts of the case giving rise to this writ petition are that, the petitioner is a Cooperative Society, registered under the Cooperative Societies Act, 1965. In the year 1980-81 the annual general meeting of the society passed a resolution to pay D.A. to its workers, but since the financial position of the Society became precarious and the Society did not have funds, a resolution was passed in the general meeting held on 30-9-1991 that the D.A. to the workers shall be suspended from July, 1991 onwards till such time the financial position improves and 9% dividend is paid to the members of the Society. Being aggrieved by the resolution the workers filed a petition U/S 3 of the Timely Payment of Wages Act in the year 1993 before the Deputy Labour Commissioner, Dehradun. The workers including respondent No.2 also filed an application U/S 70 of U.P. Cooperative Societies Act, 1965 read with rule 229 of the Rules, 1969, before District Assistant Registrar, Pauri. The aforesaid application was registered as case No. 2191-99/93-94. The Assistant Registrar, Cooperative Societies by its judgment dated 30-3-1994 rejected the claim of the workers and held that the workers are not entitled to any D.A. The workers also moved a similar application 2 before Regional Deputy Labour Commissioner, Dehradun alleging that they are entitled to D.A. from July, 1991 onwards. The workers lost their claim before all the above three authorities. Thereafter the respondent No.2 moved an application U/S 33(C)(2) of Industrial Disputes Act, 1947 claiming a sum of Rs. 1,33,663/- towards D.A. from July 1991 onwards. The Labour Court vide impugned order dated 21-10-97 allowed the claim of the respondent No.2 and has held that the Managing Committee of the Cooperative society vide its resolution dated 24-7-92 had resolved that the workers shall be paid D.A. which is due from July 1981 and January 1992, therefore it was directed that the balance amount of D.A. as described in the enclosure of the application be paid to the workman within two months and the amount shall be deducted during the year 1996 when the workman remain on strike.
(3.) Feeling aggrieved this writ petition has been filed mainly on the ground that the workman has raised the same dispute with regard to payment of D.A. which was earlier rejected by the Assistant Registrar, Cooperative Society and by the Deputy Labour Commissioner, Debradun, therefore, the claim made before the Labour Court could not have been agitated and the proceeding before the Labour Court is barred by the principle of resjudicata.;

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