MALABAR CO OPERATIVE CENTRAL BANK LIMITED KOZHIKODE Vs. STATE OF KERALA
LAWS(KER)-1963-7-9
HIGH COURT OF KERALA
Decided on July 05,1963

MALABAR CO-OPERATIVE CENTRAL BANK LIMITED, KOZHIKODE Appellant
VERSUS
STATE OF KERALA Respondents







JUDGEMENT

- (1.)The petitioner in O. P. No. 2583 of 1962, a cooperative society, is the appellant before us. An industrial dispute between the society and its workmen was referred for adjudication to the Industrial Tribunal, Kozhikode, by the Government of Kerala under S.10(1)(d) of the Industrial Disputes Act, 1947.
(2.)Ext. P 3 is the order of reference. It shows that the matters to which the dispute relates are:
1. Wage rates, allowances and fitment.

2 Promotion.

3. Gratuity and Pension.

4. Medical Aid.

5. Recruitment and Probation.

6. Retirement.

(3.)The sole question for determination in the appeal is whether the reference is incompetent because of S.51 of the Madras Cooperative Societies Act, 1932. The portion of S.51 on which counsel for the appellant relies reads as follows:
(1) "If any dispute touching the business of a registered society 'other than a dispute regarding disciplinary action taken by the society or its committee against a paid servant of the society) arises

(c) between the society or its committee and any past committee, any officer, agent or servant or any past officer, past agent or past servant, or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased servant of the society, such dispute shall be referred to the Registrar for decision."

According to him the section will apply to the dispute referred, and the provisions of the Industrial Disputes Act, 1947, will have no application in view of S.31(1) of the Industrial Disputes (Amendment and Miscellaneous Provisions) Act, 1956. That sub-section reads as follows:

"If, immediately before the commencement of this Act, there is in force in any State any Provincial Act or State Act relating to the settlement or adjudication of disputes, the operation of such an Act in that State in relation to matters covered by that Act shall not be affected by the Industrial Disputes Act, 1947, as amended by this Act."

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