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2012 Supreme(All) 1848

SUDHIR AGARWAL
Aliganj Kshetriya Sahkari Samiti Ltd. , Bareilly – Appellant
Versus
Murari Lal Sharma and Another – Respondent


Advocates:
Counsel for the Petitioner: Triloki Nath, S. N. Pandey , M. P. Gupta.
Counsel for the Respondents: Shyam Narain, B. N. Singh , C.S.C.

Sudhir Agarwal, J.—

Heard Sri S. N. Pandey and Sri M. P. Gupta, learned counsels for Co-operative Society-employer and Sri B. N. Singh, learned counsel appearing for the workman.

2. Writ Petition No. 4444 of 1994 has been filed by petitioner, a Co-operative Society registered under U. P. Co-operative Societies Act, 1965 (hereinafter referred to as "Act, 1965"), aggrieved by the order dated 13.10.1993 (Annexure-10 to writ petition) passed by Prescribed Authority under Payment of Wages Act, 1936 (hereinafter referred to as "Act, 1936") holding petitioner-Society as a commercial establishment under U. P. Shops and Commercial Establishments Act, 1962 (hereinafter referred to as "Act, 1962") and, therefore, governed by Act, 1936. He has further directed petitioner-Society to pay Rs. 22,415.35 towards wages and an equal amount towards damages to the respondent-workman, Murari Lal Sharma.

3. The facts in brief are : The workman was employed as Supervisor of U. P. Co-operative Union and was terminated in 1970. The termination was challenged in Writ Petition No. 350 of 1970 but vide Judgment dated 9.3.1972 upholding termination this court held that termination from the post of Cooperative Supe





























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