Dismissed

Pooran Chandra Bhatt v. Labour Court U.P. Faizabad Thru. Its Presiding Officer and Others

Allahabad HC20 Jul 2023/10/2023

Case brief

AI extract

What is this about?

This court dismissed a review application seeking condonation of delay. The applicant argued Section 70 of the U.P. Cooperative Societies Act precluded Labour Tribunal jurisdiction, but the court relied on Section 135 and Ghaziabad Zila Sahkari Bank Ltd. to dismiss the review.

What did the court decide?

The review petition is dismissed with no interference called for as there is no error apparent on the face of the record.

Pooran Chandra Bhatt Vs Labour Court U.P. Faizabad… — Cooperative Societies | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC-LKO:47626

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Court No. - 22

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Case :- CIVIL MISC REVIEW APPLICATION DEFECTIVE No. - 10 of 2023

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Applicant :- Pooran Chandra Bhatt Opposite Party :- Labour Court U.P. Faizabad Thru. Its Presiding Officer And Others Counsel for Applicant :- Ninnie Shrivastava Counsel for Opposite Party :- Lalit Shukla

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Hon'ble Manish Kumar,J.

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(Civil Misc. Application No.1 of 2022)

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This is an application for condonation of delay in filing the review petition.

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Learned counsel for the respondent has not objection to the aforesaid application.

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The reason shown in the affidavit filed alongwith the application for condonation of delay is sufficient.

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Accordingly, the application is allowed.

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The delay in filing the review application is condoned.

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(Order on Review Application)

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The present review application has been preferred for review of the judgement and order dated 2.9.2022 passed in Writ-C No.8066 of 2017.

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Learned counsel for review applicant has submitted that as per Section 70 of the U.P. Cooperative Societies Act, 1965 (hereinafter referred to as 'the Act 1965), the review applicant has no remedy except to approach the Industrial Dispute Tribunal for redressal of his grievance and in support of her submission, learned counsel for the review - applicant has drawn the attention of this Court to Section 70 of the U.P. Cooperative Societies Act, 1965, which provides the disputes which may be referred to arbitration excluding the dispute regarding disciplinary action.

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On the other hand, learned counsel for the respondent/ writ petitioner- Dugdh Utpadan Sahkari Sangh Ltd. has placed reliance on Section 135 of the Act, 1965, wherein it has been

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provided that the provisions contained in the Industrial Disputes Act, 1947 and the UP. Industrial Disputes Act shall not apply to Co-operative Societies. This issue has already been decided in the case of Ghaziabad Zila Sahkari Bank Ltd. vs. Add. Labour Commissioner and ors. reported in (2007) 11 SCC 756, which has been followed in other writ petitions and on the basis of which the writ petition was allowed holding that the award and the order of review passed by Industrial Tribunal was set aside as Industrial Tribunal has no jurisdiction.

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The judgement dated 2.9.2022 against which the present review petition has been preferred was passed after considering the law laid down by the Hon'ble Supreme Court in the case of Ghaziabad Zila Sahkari Bank Ltd. (Supra), where Section 135 of the Act 1965 has also been considered and various other judgements which have also been mentioned in the judgement which is under review.

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In view of the facts and circumstances mentioned above, there is no error apparent on the face of the record. No interference is called for. The present review petition/ application is devoid of merits and is, accordingly, dismissed.

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Order Date :- 20.7.2023 S. Kumar

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Digitally signed by :- SANTOSH KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Pooran Chandra Bhatt v. Labour Court U.P. Faizabad Thru. Its Presiding Officer and Others

Case brief

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Pooran Chandra Bhatt v. Labour Court U.P. Faizabad Thru. Its Presiding Officer and Others

Case brief

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