P.C.Jain, C.J. - (1.) The petitioner is a Co-operative Society registered under Section 127 of the Haryana Co-operative Societies Act (Act No. 22 of 1984) (hereinafter referred to as the Act) and is carrying on its business activities at Sonepat under the name and style of the Sonepat Co-operative Sugar Mills Ltd. Ajit Singh, respondent No. 2, was employed as a Legal Assistant in the Supervisory Grade 'B' vide appointment letter dated 27th September, 1978. The duties which wete assigned to him were mainly managerial and administrative in nature though he also performed supervisory duties as well. According to staffing pattern sanctioned by the Haryana State Federation of Co-operative Sugar Mills Ltd., Chandigarh, which has got a statutory control over the petitioner-Society, the post of Legal Assistant was not sanctioned and, therefore, the Board of Directors in their meeting held on 6th November, 1979 decided to abolish the post at the close pf the then crushing season. Respondent No. 2 bad been appointed with effect from 28th September, 1978 and was kept on probation for one year. As under the new staffing pattern, no post of Legal Assistant was provided for the petitioner-Society, respondent No. 2 was intimated vide office letter dated 23rd October, 1979 to the effect that it was not possible to confirm him on the post and his probationary period was extended for two months upto 28th November, 1979. However, the Board of Directors in the meeting held on 6th November, 1979 decided to abolish the post and his decision was convened to respondent No. 2 vide letter dated 28th November, 1979. Again, vide letter dated 24th January, 1980, respondent No. 2 was intimated that he would no more be required in the organisation at the close of the crushing season, and, accordingly, he was relieved from his post with effect from 9th February, 1980.
(2.) It is further averred that in view of the decision of the Board and the final action of terminating his services, respondent No. 2 sought to raise an industrial dispute regarding his termination and the State Government made a reference to the Labour Court, respondent, under Section 10 (1) of the Industrial Disputes Act for adjudication. On receipt of the reference, the Labour Court issued notices to the parties to put in their respective claims. On the pleadings of the parties, the following two issues were framed : (i) Whether the applicant does not fall under the definition of workman ? (ii) Whether the termination of services of the workman is proper, justified and in order ? It not, to what relief is he entitled ? The Labour Court vide its order dated 24th September, 1982, held that respondent No. 2 was a workman. On issue No. 2, it was held that the order of termination of the services of the said respondent was invalid being in contravention of the provisions of Section 25F of the Industrial Disputes Act. A copy of the order dated 24th September, 1982 is Annexure P3 and of the award published on February 5,1985 is attached with the petition as Annexure P4.
(3.) It is also averred that white the proceedings were pending before the Labour Court, the Punjab Co-operative Societies Act, 1961 (hereinafter referred to as the old Act) was repealed and the 1984 Act was enacted by the Haryana Legislature, which received the assent of the President of India on 20th September 1984 and was published in the Haryana Government Gazette, Extraordinary on 15th October, 1984. It is alleged in the petition that in view of the provisions of Section 102 read with Section 128 of the Act, the dispute between the petitioner-Society and respondent No. 2 was now require to be decid d by a reference to arbitration of the Registrar and that the jurisdiction of the Industrial Tribunal/Labour Court to decide such a dispute has, therefore, been taken away. On this ground, as well as on the grounds which are enumerated in para 7 of the petition, the petitioner has called in question the legality and propriety of the order dated 24th September, 1982, copy Annexure P3 and the award dated 5th February, 1985, copy Annexure P4.;