Asstt. Registrar Co-operative Societies vs State of U.P. and Others

M. Katju, J.—Heard Counsel for the Petitioner.

This writ petition has been filed against the impugned order dated 17.5.95 Annexure-1 to the writ petition. The Respondent No. 3 was employee as Secretary of a co-operative society and he made an application u/s 15 of the Payment of Wages Act. In my opinion, the Payment of Wages Act does not at all apply in this case. Section 1(4) of the said Act states that the Act will apply to persons employed in a factory or in railway administration or to establishments covered by Section 2(ii)(ag).

The Petitioner is not covered by any of the aforesaid clauses of Section 2 of the Act. Hence the Payment of Wages Act has no application at all. The remedy if any, of the Petitioner was to apply u/s 33C(2) of the Industrial Dispute Act or Section 6H of the U.P. Industrial Dispute Act.

The writ petition is allowed. The impugned order dated 17.5.95 is hereby set aside.

Copy of this order may be given to the counsel for the Petitioner within two days on the payment of the usual charges.