The applicability of industrial dispute laws and statutory rules to the termination of services in a Co-operative Society.

( 1 ) THE employer, a Co-operative Society, registered under the provisions of the U. P. Cooperative Societies Act, has challenged the award of the labour court, Ghaziabad, dated 8th january, 1997 in Adjudication Case No. 19 of 1993.

( 2 ) THE following dispute was referred for adjudication to the labour court : ^^d;k lsok;kstdksa }kjk viuh efgyk Jfed Jherh lq/kkxqirk iruh Jh ,l- ds- xqirk in Dydzandvkbfilv dks fnukad1-1-1989 ls dk;z ls i`fkd@oafpr fd;k tkuk mfpr rfkkos/kkfud gs \ ;fn ughaa rks lecfu/kr efgyk Jfed D;kykhk@vuqrks"k fjyhq ikus dh vf/kdkfj. kh gs rfkk vu; fdl fooj. k lfgr \**

( 3 ) THE parties have exchanged their pleadings and adduced the evidence. The workman concerned has set up the case that she has been working with the employer with effect from 16th november, 1984 till 30th June, 1985 and thereafter from 25th August, 1987 till 31st December, 1988 as Typist and her services were terminated without assigning any reason on 1st January, 1989. No enquiry, whatsoever, has been conducted nor the provisions of retrenchment has been complied with. As against this, the employer have set up the case that the workman concerned was employed with effect from 1st August, 1989 till 16th September, 1989 and she had been paid wages and bonus, etc. Therefore, on 1st January, 1989, there was no cause of action arose to the workman concerned and this reference is bad. The employer has further taken up the case that the workman concerned was not in continuous service and, therefore, in view of provisions of Section 2 (g) of the U. P. Industrial Disputes Act, 1947, she is not entitled for any relief from the labour court.

( 4 ) BOTH the parties have adduced their respective evidence and the labour court has framed the following additional issues : (1) Whether the Additional Labour Commissioner is entitled to make reference or not? (2) Whether the dispute referred to the labour court under Section 4k of the U. P. Industrial disputes Act, 1947, is covered within the definition of Industrial Disputes or not? (3) Whether the labour court is competent to hear and decide the dispute? (4) Whether the necessary parties have not been impleaded in the present dispute? If so what is its effect? (5) To what relief, the workman is entitled and whether the workman is gainfully employed?

( 5 ) THE labour court has decided the additional issue No. 1 by the order dated 6th November, 1993, on merits in favour of the workman and against the employer. The employer have filed review application which has been rejected by the labour court on 24th December, 1993. With regard to additional issue No. 2, the labour court has found that the reference is in accordance with the provisions of Section 4k of the U. P. Industrial Disputes Act, 1947 and thus, this issue was decided against the employer and in favour of the workman. Additional issue No. 3 was also decided against the employer and in favour of the workman. Regarding the issue No. 3, the labour court held that it is competent to answer the reference. With regard to additional issue No. 4, the labour court found that all the necessary parties have been impleaded. It has not been pointed out as to which party has to be impleaded and this issue was decided against the employer. With regard to the reference made to the labour court, the labour court after considering the pleadings and evidence on record have found that it is not in dispute that the workman concerned has worked for 240 days in preceding calendar year and her services have been terminated without complying with the provisions of Section 6n of the U. P. Industrial disputes Act, 1947.

( 6 ) IN this view of the matter, the labour court after considering the material evidence on record has arrived at the conclusion that the termination of the services of the workman concerned without complying with the provisions of Section 6n of the U. P. Industrial Disputes Act, 1947, is illegal and unjustified and directed reinstatement of t