In a recent ruling, the Allahabad High Court has emphasized that any dispute between an employee and employer of a Cooperative Society must be resolved in accordance with the provisions of the U.P Cooperative Societies Act, 1965. The case pertained to an employee named Ajay Kumar Mishra who had been working on an ad hoc basis, with his employment being extended repeatedly until December 31, 1984, when he was terminated. The employee filed a complaint with the Conciliation Officer under the U.P. Industrial Tribunals Act, 1947, and the matter was referred to the Tribunal for adjudication.
However, the petitioner contested the employee’s claim, and the Tribunal ultimately rejected it, holding that the employee’s services had ended on the expiry of his appointment letter. Subsequently, the employee filed a writ petition before the High Court, which quashed the award and stated that disputes arising between Cooperative Society employees and their employers must be resolved according to the U.P Cooperative Societies Act, 1965.
The bench referred to the case of K.A. Annamma Vs. The Secretary, Cochin Cooperative Hospital Society Ltd., where the disputes could be adjudicated under both the Acts, i.e., Kerala Cooperative Societies Act and the Act, 1947. The bench allowed the petition, stating that the Labour Court had erred in rejecting the preliminary objections raised by the petitioners. Overall, this ruling makes it clear that Cooperative Society employees and employers must abide by the provisions of the U.P Cooperative Societies Act, 1965, in case of any disputes. This ensures that all parties involved receive a fair and just resolution in such matters.
Written by B. Krishna nikhitha of KL University Vijayawada Andhra Pradesh ( 5th semester )an intern under Legal Vidhiya
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