- (1.) By this writ petition, the petitioner is challenging the orders dated 29.4.1997 and 18.2.2000 passed by the Prescribed Authority under the Payment of Wages Act/ Assistant Labour Commissioner, Basti.
(2.) Sri Hemant Kumar learned counsel for the petitioner has submitted that the Prescribed Authority under the Payment of Wages Act, 1936 has no jurisdiction to entertain a claim for award of wages in respect of a Cooperative Society, inasmuch as a Cooperative Society is not an "establishment" within the meaning of the term as defined in Section 2(ii) (ag) of the Payment of Wages Act, 1936. He has cited before me a decision of the Learned Single Judge of this Court Assistant Registrar Cooperative Societies U.P. Allahabad Vs. State of U.P. and others,1997 2 UPLBEC 159wherein, this court has passed the following orders: "Heard counsel for the petitioner. This writ petition has been filed against the impugned order dated 17.5.1995 annexure-1 to the writ petition. The respondent no.3 was employed as Secretary of a Cooperative Society and he made an application under Section 15 of the Payment of Wages Act. In my opinion, the payment of Wages Act does not at all apply in this case. Section 1(4) of the said Act states that the Act will apply to persons employed in a factory or in railway administration or to establishments covered by Section 2 (ii) (ag). The petitioner is not covered by any of the aforesaid clauses of Section 2 of the Act. Hence the Payment of Wages Act has no application at all. The remedy if any, of the petitioner was to apply under Section 33-C (2) of the Industrial Dispute Act or Section 6-H (2) of the U.P. Industrial Dispute Act. The writ petition is allowed. The impugned order dated 17.5.1995 is hereby set aside."
(3.) However, while the learned Single Judge in the above referred case had held that the petitioner may apply under Section 33-C (2) of the Industrial Disputes Act, 1947 or Section 6-H (2) of the U.P. Industrial Disputes Act, 1947, the legal position in this regard has also now been settled by the Supreme Court in the case of Ghaziabad Zila Sahkari Bank Ltd. Vs. Additional Labour Commissioner.;