Raghuveer Singh vs The Judge Labour Court Bhilwara
2021 Latest Caselaw 18312 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 4003/2002

Raghuveer Singh, S/o Sh. Raja Bhaiya, age 41 years, District Sectretary, District Committee {CITTU}, Chittorgarh Cittu Office, Bhilwara.

----Petitioner Versus

1. The Judge, Labour Court, Bhilwara.

2. Secretary, R.A.P.S., Member Canteen Co-operative Sahakari Samiti Ltd., Anushakti Via Kota

----Respondents

For Petitioner(s) : Mr. Manish Pitaliya For Respondent(s) : Mr. Sanjay Nahar

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

02/12/2021

Heard learned counsel for the parties.

The Labour Court, Bhilwara vide judgment dated 07.01.2002

has rejected the claim of the petitioner while holding that it has no

jurisdiction to decide the disputes relating to the Co-operative

Societies.

Learned counsel for the petitioner has submitted that a Co-

ordinate Bench (Jaipur Bench) of this Court in Hari Singh Vs.

Labour Court No.2, Jaipur (Raj.) through its P.O. & Ors., reported

in 2008 (1) RJT 583 has held that in the MP Co-operative Societies

Act, registrar has been given specific powers to examine the

service matter, however, the said provision do not exist in the

State of Rajasthan and now the law in this regard is well settled

by the Hon'ble Supreme Court in Maharastra State Cooperative

(2 of 2) [CW-4003/2002]

Housing Finance Corporation Limited Vs. Prabhakar Sitaram

Bhandange, reported in 2017(5) SCC 623 and, as such, the

Labour Court has jurisdiction to examine the dispute between the

workman and the Co-operative society.

Learned counsel appearing for the respondent No.2 is not in

a position to dispute the said fact.

In such circumstances, this writ petition is allowed. The

impugned award dated 07.01.2002 is quashed and set aside. The

matter is remanded back to the Labour Court, Bhilwara to answer

the reference made by the State Government dated 13.07.1995

afresh, after providing opportunity of hearing to all the concerned.

(VIJAY BISHNOI),J

2-pratibha/-

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