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2013 Supreme(All) 310

B.AMIT STHALEKAR
SAHAKARI SANGH – Appellant
Versus
PRESIDING OFFICER, LABOUR COURT – Respondent


Advocates:
Counsel :
Hemant Kumar for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble B. Amit Sthalekar, J.—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 Co-operative Society, inasmuch as a Co-operative 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 in Assistant Registrar Co-operative Societies U.P. Allahabad v. State of U.P. and others, 1997 (2) UPLBEC 159, wherein, 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 Co-operative Society and he made an application under Section 15 of the Payment of Wages Act. In my opinion, the payment of Wages Act
















































































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