HONBLE MRS.SANGEETA CHANDRA,J. - (1.) Gangol Sahkari Dugdh Utpadak Sangh Ltd., Partapur, Meerut which is a co-operative society governed by the Co-operative Society Act 1965 and the terms and employment of whose employees are governed by the U.P Co-operative Societies Rules 1968 and U.P Co-operative Societies Service Employees Regulations, 1975 has approached this Court challenging an Award passed by the Presiding Officer Labour Court (3) U.P, Meerut dated 25.3.1998 in Adjudication Case No.46 of 1997, whereby respondent No.2 has been directed to be reinstated with 50 percent backwages.
(2.) The facts as mentioned in the Award impugned before this Court are that the respondent No.2 had filed a claim which after failure of conciliation proceedings was forwarded for adjudication by the Deputy Labour Commissioner vide reference in CP Case No.49 of 1989 dated 14.5.1991 under Section 4(K) of the U.P Industrial Disputes Act on which an adjudication Case No.46 of 1991 was registered. The respondent No.2 in his written statement had averred that the employer had a Dairy industry in which a sufficient number of workman are engaged and it is running a chilling plant at Sardhana, Meerut. The management of the Sardhana Plant is by the staff of PCDF and respondent No.2 was engaged as dairy-man on 3.10.1987 by the then management and he continued to work till 4.7.1988, during which period his work and conduct remained satisfactory. On 4.7.1988, his services were orally terminated by the then Supervisor without any disciplinary proceedings being conducted and without any opportunity of hearing to him. Since then the respondent No.2 had tried to obtain alternative employment, but had remained unemployed and had prayed for reinstatement with continuity in service and full backwages.
(3.) The respondent No.1 to the claim petition the Pradeshik Co-operative Dairy Federation (PCDF) in its written statement had stated that the respondent No.2 was never engaged by it and he was not its employee and there is no relationship of employer and employee between it and the respondent No.2 therefore, there is no question of his services being wrongly terminated by PCDF. It was disputed that (PCDF) was running the chilling plant at Sardhana, Meerut as alleged by the workman.;