whether ID Act is applicable co operative spinning worker
Suresh C Mishra
(Querist) 12 August 2010
This query is : Resolved
The Judgement of Hon,ble Supreme Court in Gaziabad Cooperative Bank says that all the employees of cooperaive sector can not avail he remedy under UPID Act of ID Act, the labour Courts and Industrial Tribunals are rejecting the reference pending? Now
1- whether the case of spinning factories or sugar mills which are fully registered under the factories Act, 1948 and they have their Certified Standing order for the governing the service condition of the workers of the mills can be excluded and be stopped of availing the remedy under UPID Act of Id Act 1947 as the principles laid down by the Apex Court
II- What is the legal remedy for the retrenched or dismissed workers of these mill
III- what is the procedure of closure of the factory and settlement of its workers dues etc except the under the ID act .
P.ESAKKIMUTHU
(Expert) 13 August 2010
I THINK YOU ARE BASED IN UP. THE DC DECISION MAY BE WITH REFERENCE TO COOP INSTITUTIONS NOT COVERED UNDER FACTORY ACT.AS YOU SAID CERTIFIED STANDING ORDER IS APPLICABLE TO THEM,ID ACT IS THE ONLY REMEDY.IF THE SC EXCLUDED THE APPLICATION OF ID ACT, THE ONLY REMEDY AVAILABLE IS THE CIVIL COURT.IF THE WAGE IS LESS THAN 10000 P.M, THE AUTHORITY APPOINTED UNDER PAYMENT OF WAGES ACT,1936 MAY BE APPROACHED FOR CLOSURE COMPENSATIONS
