D.P.S.Chauhan, J. - (1.) The petitioner is a Cane Co-operative Society registered under the U. P. Co-operative Societies Act, 1965 (thereinafter referred to as 'the Act') and the services of the employees are governed by the provisions of the Act, the rules framed thereunder. The registered byelaws of the society and the regulations framed under Section 122 of the Act. Under Section 63 of the Act, every co-operative society is required to establish a contributory provident fund for the benefit of the employees to which shall be credited all the contributions made by the employees of the Society in accordance with the bye-laws of the society, but this provision is applicable in the case of a co-operative society having five or more employees holding whole-time substantive appointment in the society.
(2.) Respondent No. 5, Sri Giri Sant Pandey's was the Accountant in the society and there is no dispute regarding maintenance of provident fund. The contributory provident fund for his benefit was maintained. He worked as Accountant in three Co-operative Societies, namely, Cane Co-operative Society Ltd. Babubhan, Cane Co-operative Society Ltd. Basti and Co-operative Cane Development Society Ltd. Tinich (for brevity, hereinafter (referred to as the Tinich Sarniti). He, on attaining the age of superannuation, retired on 18-11-1987 while posted (at Tinich Sarniti. In the three Co-operative Societies, where he worked, his provident fund was separately maintained.
(3.) The petitioner not having been paid his provident fund by all the three Co-operative Societies took shelter under the provisions of Section 33-C (2) of the Industrial Disputes Act, 1947, by making a petition before the Labour Court, Gorakhpur. The Labour Court decided in favour of the respondent No. 5 and granted relief against all the three Co-operative Societies.;