Case Note & Summary
The petitioners, employees of respondent No. 1 cooperative society, challenged a resolution passed by the society on 19/1/1993 to recover amounts from their salaries due to alleged shortages noted in an audit for 1983-84. The society issued an order on 29/4/1993 proposing recovery from June 1993. The petitioners filed a ULP Complaint No. 508/1993 under Section 28 read with items 9 and 10 of Schedule IV of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (MRTU Act) before the Industrial Court. The Industrial Court dismissed the complaint as not maintainable, holding that the dispute fell within the purview of Section 91 of the Maharashtra Cooperative Societies Act, 1960 (MCS Act), which provides for disputes touching the business of a cooperative society to be decided by the Cooperative Court. The petitioners then filed a writ petition in the Bombay High Court challenging the Industrial Court's order. The High Court upheld the Industrial Court's decision, reasoning that the dispute regarding recovery from salary by a cooperative society is a dispute touching the business of the society under Section 91 of the MCS Act, and therefore the Industrial Court lacks jurisdiction. The writ petition was dismissed, affirming that the remedy lies before the Cooperative Court under the MCS Act.
Headnote
A) Industrial Law - Jurisdiction of Industrial Court - Section 91 of Maharashtra Cooperative Societies Act, 1960 - Maintainability of ULP Complaint - The Industrial Court held that a complaint under the MRTU Act challenging recovery from salary by a cooperative society is not maintainable because the dispute falls within the exclusive purview of Section 91 of the MCS Act. The High Court upheld this view, noting that the dispute relates to the business of the society and thus the Industrial Court lacks jurisdiction. (Paras 1-2) B) Cooperative Law - Dispute touching business of society - Section 91 of Maharashtra Cooperative Societies Act, 1960 - Recovery from salary - The dispute regarding recovery of alleged shortage from employees' salary by a cooperative society is a dispute touching the business of the society under Section 91 of the MCS Act. Therefore, the remedy lies before the Cooperative Court, not the Industrial Court under the MRTU Act. (Paras 1-2)
Issue of Consideration
Whether the Industrial Court has jurisdiction to entertain a ULP complaint under the MRTU Act, 1971 challenging recovery from salary by a cooperative society, in view of Section 91 of the Maharashtra Cooperative Societies Act, 1960.
Final Decision
The High Court dismissed the writ petition, upholding the Industrial Court's order that the ULP complaint is not maintainable in view of Section 91 of the Maharashtra Cooperative Societies Act, 1960.
Law Points
- Section 91 of Maharashtra Cooperative Societies Act
- 1960 ousts jurisdiction of Industrial Court under MRTU Act for disputes relating to recovery of amounts by cooperative society from its employees
- Section 91 of MCS Act is a complete code for disputes touching business of society
- Industrial Court cannot entertain complaint under MRTU Act when dispute falls within Section 91 of MCS Act
