S.U.Khan - (1.) -Heard learned counsel for the petitioner as well as Sri K. P. Agarwal, learned senior counsel assisted by Sri J. C. Bhardwaj, learned counsel for workman respondent No. 1. FACTS :
(2.) PETITIONER employer is a Co-operative Society. This writ petition is directed against award dated 25.1.1990 given by Presiding Officer, Labour Court, Bareilly, U. P. in Adjudication Case No. 51 of 1987. The matter which was referred to the labour court was as to whether the action of petitioner employer terminating the services of its workman respondent No. 1 w.e.f. 13.12.1984 was legal and proper or not. According to the petitioner employer, the workman was appointed on 22.7.1982 by Deputy Cane Commissioner, Bareilly. Services were also terminated by the same authority, i.e., Deputy Cane Commissioner. The case of the workman was that he was working as clerk with the petitioner since 1976 till 1982 and in July, 1982 Deputy Cane Commissioner transferred him to another similar society and he was again transferred to another similar society on 29.6.1983 and thereafter through order of District Cane Officer, Bijnor he was again transferred to the petitioner society. Petitioner contended that the workman was temporary, however, workman contended that he was permanent. Workman admitted that since July, 1985 he was working with Sahkari Ganna Vikas Samiti, Bareilly.
(3.) THROUGH the impugned award it was held that it appeared that workman was permanent clerk hence sudden termination of his service was illegal accordingly reinstatement was directed. However, in respect of back wages it was held that as the workman had admitted that since July, 1985 he was working as seasonal clerk in another cane society hence he must be given back wages from the date of termination till date of his appointment in the other cane society, i.e., for six months 17 days. Legal Position : The main contention of learned counsel for the petitioner is that in view of Supreme Court authority in Ghaziabad Zila Sahkari Bank Ltd. v. Additional Labour Commissioner and others, 2007 (11) SCC 756 : 2007 (2) AWC 1974 (SC), labour court has got no jurisdiction to entertain the cases relating to disputes between co-operative societies and its employees.;