LAWS(CHH)-2006-8-24

BHUNESHWARI BUNKER SAHKARI SAMITI MARYADIT Vs. PRESIDING OFFICER, LABOUR COURT

Decided On August 29, 2006
Bhuneshwari Bunker Sahkari Samiti Maryadit Appellant
V/S
PRESIDING OFFICER, LABOUR COURT Respondents

JUDGEMENT

(1.) Despite service, none appears for the respondent No. 2.

(2.) The undisputed facts of the case are that the petitioner is a Registered Co-operative Society governed under the provisions of the Chhattisgarh Co-operative Societies Act, 1960 (for short 'the Act'). Section 55 of the Act provides for Registrar's power to determine conditions of employment in societies. Sub-section (2) of Section 55 provides that where a dispute regarding terms of employment, working conditions and disciplinary action taken by the society, arises between a society and its employees, the Registrar or any officer appointed by him not below the rank of Assistant Registrar shall decide the dispute and his decision shall be binding on the society and its employees. The dispute arose between the petitioner and the respondent No. 2 when the service of the respondent No. 2 was terminated by the petitioner Society vide order dated 1-6-92.

(3.) The matter was referred to the Labour Court, Rajnandgaon under the provisions of the Industrial Disputes Act, 1947 being Appeal No. 25/I.D. Act/95 (Ref.). The Labour Court passed the award ex parte and directed reinstatement of the respondent No. 2wilh full back wages by order dated 24-3-1998 (Annexure P-1).