Prior Resort to Cooperative Service Rules Does Not Bar a Workman’s Industrial Dispute Remedy: Punjab and Haryana High Court

Case Name: The Boothgarh Cooperative Agricultural Service Society Ltd., Boothgarh v. The Presiding Officer, Industrial Tribunal, Ludhiana and Another

Date of Judgment: 17 September 2026

Citation: LPA-1669-2026

Bench: Justice Suvir Sehgal and Justice Rajesh Gaur

Held: A workman’s earlier resort to a remedy under cooperative service rules does not, by itself, bar proceedings under the Industrial Disputes Act, 1947. The doctrine of election of remedies applies where the remedies are inconsistent. Neither the Punjab Cooperative Societies Act nor the applicable service rules excluded the Industrial Tribunal’s jurisdiction over the alleged unlawful retrenchment.

Summary: The Society terminated the services of a salesman after closing its Consumer Cell. The Labour Court held the retrenchment illegal and ordered reinstatement with continuity of service and 50% back wages. After its writ petition failed, the Society argued in its Letters Patent Appeal that the workman’s use of a remedy under the Punjab State Cooperative Agricultural Service Societies Service Rules, 1997 barred him from pursuing an industrial dispute. Following Savitri Devi v. Presiding Officer, Industrial Tribunal-cum-Labour Court, the Division Bench rejected the jurisdictional objection. It also declined to examine the award on its merits because the Society had not advanced those arguments before the Single Judge.

Decision: Letters Patent Appeal dismissed. The Labour Court’s award, upheld by the Single Judge, remained undisturbed.