- (1.) Heard Sri S.N. Pandey and Sri M.P.Gupta, learned counsels for Cooperative Society-employer and Sri B.N. Singh, learned counsel appearing for the workman.
(2.) Writ Petition No. 4444 of 1994 has been filed by petitioner, a Cooperative Society registered under U.P. Cooperative Societies Act, 1965 (hereinafter referred to as "Act, 1965"), aggrieved by the order dated 13.10.1993 (Annexure 10 to writ petition) passed by Prescribed Authority under Payment of Wages Act, 1936 (hereinafter referred to as "Act, 1936") holding petitioner-Society as a commercial establishment under U.P. Shops and Commercial Establishments Act, 1962 (hereinafter referred to as "Act, 1962") and therefore governed by Act, 1936. He has further directed petitioner-Society to pay Rs. 22,415.35 towards wages and an equal amount towards damages to the respondent-workman, Murari Lal Sharma.
(3.) The facts in brief are: The workman was employed as Supervisor of U.P. Cooperative Union and was terminated in 1970. The termination was challenged in Writ Petition no. 350 of 1970 but vide judgment dated 9.3.1972 upholding termination this court, held that termination from the post of Cooperative Supervisor is not bad but since he was also holding the office of Secretary-cum-Manager of Kshetriya Sahkari Samiti, Aliganj, Bareilly; and if he was to be relieved therefrom, an order by competent authority to that effect had to be passed.;