Comments
Employees of co-op societies running fair price shops under public distribution system were entitled for emolument as ‘salesmen' and should not be treated in any other manner, the Madurai Bench of Madras High Court has ruled.
Hearing a writ petition by Kollekode Primary Agricultural Co-op Bank challenging order dated July 17, 2007 passed by the Labour Court (R-1) computing a sum of Rs 1,11,062 as dues payable to Mr K. Janardhanan (R-2) based on a claim upon settlement dated March 8, 1994 u/s 12(3) of the Industrial Disputes Act, Mr Justice K. Chandru held that when there was a dispute regarding entitlement of R-2, petition u/s 33C(2) of the said Act was not maintainable as ruled by the apex court in UP State Road Transport Corpn vs Birendra Bhandan reported in (2006) 10 SCC 211
According to the judge, who dismissed the order of R-1, the contention of petitioner was answered by Division Bench of this Court in Management V.L. Spl 206 Kannamangalam PACC V.P.O. reported in (2010) 5 MLJ 37. In said case, the bench held that employees in fair price shops could not claim pay parity with those serving in main co-op societies as they were governed by different terms of employment.
The R-2 submitted that the petitioner was earlier working in Palavilai Primary Agricultural Co-op Bank as ‘manure salesman'. Later, on the direction by the Deputy Registrar of Co-op Societies, his services were absorbed in present society. The petitioner contended that the TN Manila Thodakka Kooturavu Vangi Anaithu Paniyar Sangam, of which he was a member, had entered into 2(3) settlement on March 8, 1994. The settlement was based upon salary fixation made by the State Government under the GO dated November 12, 1993. Though the settlement was implemented in the petitioner's bank, he was not paid wages which led to his filing the claim petition.
The petitioner society denied that the petitioner was entitled to get wages under the said settlement. The impugned order of the R-1 deserved to be dismissed, the judge held. Hence, it was dismissed. The writ petition would stand allowed.
Comments
COMMENT NOW
Comments
Comments have to be in English, and in full sentences. They cannot be abusive or personal. Please abide by our community guidelines for posting your comments.
We have migrated to a new commenting platform. If you are already a registered user of TheHindu Businessline and logged in, you may continue to engage with our articles. If you do not have an account please register and login to post comments. Users can access their older comments by logging into their accounts on Vuukle.