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ARUN BHANSALI, VIKAS BUDHWAR
Kisan Sahkari Chini Mills Ltd. – Appellant
Versus
Presiding Officer Labour Court – Respondent
JUDGMENT :
Vikas Budhwar, J.
Noticing divergent views and finding it difficult to reconcile, the learned Single Judge vide order dated 3.2.2015 has referred the following questions to be answered by Larger Bench.-
Facts
2. Broadly, the facts of the case are that Kisan Sahkari Chini Mills Ltd. (in short 'Sugar Mill') is engaged in the business of manufacturing of sugar by vacuum pan process and claims to have obtained a licence under the provisions of U.P. Vacuum Pan Sugar Factories Licensing Order, 1969 (in short 'Licensing Order 1969').
3. In exercise of the powers conferred under clause (3) of Article 348 of the Constitution of India read with clause (b) of Section 3 of the U.P. Industrial Disputes Act, 1947 (in short 'U.P. I.D. Act, 1947'). The State of Uttar Pradesh framed Standing Orders regulating the
Workmen of cooperative societies can raise industrial disputes under the U.P. Industrial Disputes Act, 1947, despite being governed by cooperative regulations.
Section 69 of the Kerala Co-operative Societies Act excludes Labour Court jurisdiction over employment disputes, designating the Co-operative Arbitration Court as the exclusive forum for resolution.
Disputes between cooperative societies and their employees are not maintainable under Section 91 of the MCS Act, requiring civil suits for resolution.
The designation of an employee as 'Secretary' does not preclude classification as a 'workman' under the Industrial Disputes Act.
The main legal point established in the judgment is that a dispute under the Industrial Disputes Act can only be considered a dispute if a specific demand has been made by the workmen, and any refere....
The Industrial Tribunal can regularize services of workmen if unfair labor practices are established, even in the absence of sanctioned posts.
The court established that disputes under the Industrial Disputes Act must be resolved within its framework, and writ jurisdiction is not appropriate when an alternative remedy exists.
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