District Cooperative Bank ... vs Deputy Labour Commissioner And ...
2023 Latest Caselaw 2555 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 53496 of 2006
 

 
Petitioner :- District Cooperative Bank Limited
 
Respondent :- Deputy Labour Commissioner And Others
 
Counsel for Petitioner :- K.N. Mishra,K.B.Srivastava
 
Counsel for Respondent :- C.S.C.,L.P. Singh,Pradeep Chandra
 

 
Hon'ble Rohit Ranjan Agarwal,J.

This writ petition has been filed assailing the order dated 30.08.2006 passed by the respondent no. 1 - Deputy Labour Commissioner, Jhansi Division, Jhansi in proceedings under Section 6H (1) of the U.P. Industrial Disputes Act, 1947 (hereinafter referred as the 'Act of 1947').

Sri K.B. Srivastava, learned counsel for the petitioner, submits that petitioner is a cooperative society registered under the provisions of the U.P. Cooperative Societies Act, 1965 (hereinafter referred as the 'Act of 1965') and is in the banking business after obtaining license from Reserve Bank of India. According to him the provisions of the Act of 1947 are not applicable in the matter of cooperative societies, in light of the judgment of Apex Court in case of Ghaziabad Zila Sahkari Bank Ltd. Vs. Additional Labour Commissioner & Others, (2007) 11 SCC 756.

Per contra, learned Standing Counsel defended the order passed by the Deputy Labour Commissioner, however, he could not dispute the legal proposition of the law.

I have heard learned counsel for the parties and perused the material on record.

It is not in dispute that the petitioner's bank who was initially registered as cooperative society under the provisions of the Act of 1965 is in the banking business after obtaining license from the Reserve Bank of India under the Banking Regulations Act, 1949. Section 70 of the Act of 1965 provides for settlement of dispute through arbitration. Apex Court in case of Ghaziabad Zila Sahkari Bank Ltd. (Supra) had cleared the air and the matter is no more res integra and the Apex Court had held that Labour Court has no jurisdiction in the matter of cooperative societies. The order passed by the Deputy Labour Commissioner dated 30.08.2006 exercising power under Section 6H (1) of the Act of 1947 is in the teeth of the judgment of Apex Court.

Considering the facts and circumstances of the case, the order passed by the Deputy Labour Commissioner, Jhansi Division, Jhansi dated 30.08.2006 is unsustainable in the eyes of law and same is hereby quashed.

Writ petition stands allowed.

Order Date :- 24.1.2023

Shekhar