Rajiv Sharma, J. - (1.) HEARD learned Counsel for the parties and perused the records.
(2.) THE Petitioner, who is a registered Co -operative Society registered under the provisions of the U.P. Co -operative Societies Act and is running a sugar mill at Sarsawa, District Saharanpur, has assailed the award dated 19.4.1997, which was published on the notice board of the Labour Court on 14.10.1997 passed by the Presiding Officer, Labour Court, U.P., Dehradun, in Adjudication Case Nos. 44 of 1994, 45 of 1994, 46 of 1994 and 47 of 1994 as contained in Annexure No. 1 and the order dated 23.12.1997 as contained in Annexure No. 33 to the writ petition inter alia on the grounds that no opportunity of hearing has been afforded to the Petitioner prior to passing the impugned award and further Labour Court has erred in law in granting seasonal status to the Respondents workers who were contract labourer and were engaged by the contractors and the Petitioner's mill has no concern with them. Learned Counsel for the Petitioner submits that Petitioner society is registered as a principal employer under the provisions of U.P. Contract Labour (Abolition and Regulation) Act, 1970 [hereinafter referred to as the 'Act'] and as such, he is entitled to engage contract labour for specified nature of activities. In order to facilitate the smooth functioning of the Petitioner's sugar mill, Respondent No. 6 was engaged by the Petitioner as contractor for handling of sugar bags in the go down and dryer house and other allied jobs for the cane crushing season 1990 -1991, 1991 -92 and 1992 -93 and as such, Respondent No. 6 had engaged Respondent Nos. 2 to 5 on contract basis. Subsequently, for the crushing season 1993 -1994, Petitioner's mill engaged another person, namely, M/s Asha Ram as a contractor and the contract of Respondent No. 6 was discontinued in the crushing season 1993 -1994. Thereafter, Respondent Nos. 2 to 5 approached the Conciliation Officer and the Conciliation Officer, without considering the aforesaid facts, referred the matter for adjudication to the Labour Court. The Labour Court, without affording opportunity of hearing to the Petitioner, passed the impugned award, against which, the Petitioner moved an application for recall of the impugned award on 13.11.1997 for setting aside the ex parte award dated 19.4.1997, which was rejected by the order dated 23.12.1997. Feeling aggrieved, the Petitioner has filed the instant writ petition inter alia on the grounds that the Respondents Nos. 2 to 5 were neither employed/engaged by the Petitioner's mill nor any employee and employer relationship came into existence between the Petitioner and Respondent Nos. 2 to 5.
(3.) LEARNED Counsel for the Petitioner has next contended that in view of the law laid down by the Hon'ble Apex Court in the case of Ghaziabad Zila Sahkari Bank Ltd. v. Addl. Labour Commissioner and Ors. : (2007 (11) SCC 756) the provisions contained in the Industrial Disputes Act, 1947 and the U.P. Industrial Disputes Act, 1947 shall not apply to the co -operative societies and as such, since the Petitioner is registered under the U.P. Co -operative Societies Act and as such, the Conciliation Officer erred in law in referring the matter for adjudication before the Labour Court and the Labour Court, without considering this aspect of the matter, decided the dispute in favour of the Respondent Nos. 2 to 5, who is only a contract labourer and is not an employee of the Petitioner's mill. Thus, the order passed by the Labour Court is without application of mind and is against the law.;