Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 70 1965-Sections 128 135 U.P. Co-operative Societies Act 71 and |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | U.P. Co-operative Societies Act, 1965-Sections 128, 135, 70, 71 and 102-U.P. Co-operative Societies Employees Service Regulations, 1975- Regulation 42-U.P. Co-operative Societies Rules-Rules 130 and 131- U.P. Industrial Disputes Act, 1947-Section 6H-Employees of Co-operative Bank-Ex gratia payment-Entitlement-Board of Directors passing resolution for grant-Registrar annulling the resolutions-Additional Labour Commissioner holding Registrar's annulling order proper and directing payment of ex-gratia amount-Correctness of-Held: Additional Labour Commissioner not competent to declare statutory order of the Registrar as improper-Since Co-operative Societies Law provides for I complete machinery, Industrial Law not applicable thus, ALC's Jurisdiction wrongly invoked and the order null and void-Ex-gratia payment being an incentive for good work, thus governed by Regulation 42 which requires prior approval of Registrar and the same was not sought-Also settlement between the bank and its employees being private one since not arrived at before the conciliation officer not legally enforceable-Thus, employee of Bank not entitled to ex-gratia payment-However payment already made to employees not to recovered.Interpretation of Statutes-Legal principle-General Act should lead to the special Act-Thus, U.P. Co-operative Societies Act, a special enactment applicable with regard to employees of co-operative societies would prevail over all other Labour Laws-UP. Cooperative Societies Act, 1965. Appellant-Bank is a Cooperative Society registered under the U.P. Cooperative Societies Act, 1965 and the Rules. The services of the employees of the Bank are governed by the provisions of the U.P. Cooperative Societies Employees Service Regulation, 1975 framed by the U.P. Cooperative Institutional Service Board. State Government issued a circular which prohibited ex-gratia payment (over and above pay) by Cooperative Societies.The Registrar of the Cooperative Societies issued a similar circular and ex-gratia payments to employees were suspended. However, the Board of Directors passed a resolution for grant of ex-gratia to the employees. The Chairman of the Union and the Bank entered into an agreement for ex-gratia payment for 1999-2000 without Registrar's permission under Regulation 42 of the U.P. Cooperative Societies Employees Service Regulations, 1975. Board of Directors ratified the said agreement and also resolved that Registrar's concurrence was not required. Thereafter, the Secretary wrote to the Chairman to refer to the Board of Directors resolutions to the Registrar, but the Chairman failed. Secretary then himself referred the matter to the Registrar. Board of Directors noted the ban on ex-gratia and still decided to pay the same for 1999-2000 onwards. The Registrar acting under Section 128(1) referred to Secretary's letters to the Chairman under Rule 130 and granted time to the Bank to reconsider its resolutions. In the meantime, employees of the Union filed an application under section 6H(1) of the U.P. Industrial Disputes Act, 1947 on the basis of rights under the Agreement. Additional Labour Commissioner allowed the application and issued recovery certificate. Board of Directors approved ex-gratia payments again. Secretary again referred the resolution and the Registrar annulled all Board of Directors resolutions in exercise of.powers under s. 128 of the 1965 Act No appeal was filed against the Registrar's Order. Bank filed Writ Petition which. was allowed and the matter was remanded to ALC. ALC held that the Registrar's annulment order was not proper and directed payment of exgratia amount as per the BOD's resolutions. Bank again filed Writ Petition which was dismissed. High Court upheld the order passed by Addl. Labour Commissioner. Hence the present appeal. |
Judge | Hon'ble Dr. Justice A.R. Lakshmanan |
Neutral Citation | 2007 INSC 48 |
Petitioner | Ghaziabad Zila Sahakari Bank Ltd. |
Respondent | Addl. Labour Commissioner& Ors. |
SCR | [2007] 1 S.C.R. 1007 |
Judgement Date | 2007-01-17 |
Case Number | 5230 |
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