- (1.) THIS case was referred to a larger Bench by Bishan Narain J. , on 29-8-1957 to be heard along with Civil Writ No. 539 of 1956 as the point that arises for decision in this case had already been referred to a Division Bench by the same learned judge in the other case. The other writ petition (Civil Writ No, 539 of 1956) has today been withdrawn and has, therefore, been dismissed as such.
(2.) THE point which arises for consideration in this case is whether an industrial dispute between a Co-operative Society under the Punjab Co-operative Societies act" of 1954 and its workmen can under the law be referred to an Industrial tribunal set up under the Industrial Disputes Act, 1947. The, learned counsel for the petitioner contends that alt disputes except disputes regarding disciplinary action taken by a society, touching the constitution or business of the society are to be determined in accordance with the provisions of Section 50 of the Punjab Cooperative societies Act, 1954 (Punjab Act No. XIV of 1955 ). He submits that Section 50 of the said Act being an exhaustive code which lays down a detailed procedure according to which all disputes have to be determined, it must be so interpreted as to completely exclude the applicability of the industrial Disputes Act to such disputes even though they fall within the definition of Industrial Disputes as defined in the said Act. In developing his argument the learned counsel drew our attention to the opening part of the Punjab Co-operative Societies Act, 1954, and argued that this Act being a consolidating and amending Act it should be construed to contain an exhaustive and self-contained code dealing with all the subjects on which provisions have been made in this Act including the determination of disputes between the Society and its servants which, so the counsel argues, must be deemed to include industrial disputes.
(3.) SECTION 50 of the Act reads as follows: "50. (1) If any dispute, other than a dispute regarding disciplinary action taken by a society or its managing committee against a paid servant of the society, touching the constitution or business of a society arises between members or past members of the society or persons claiming through a member or past member or between members or past members or persons so claiming and any officer, agent, or servant of the society past or present, or the liquidator of the society or between the society or its committee and any officer, agent, member, or servant of the society past or present, and the liquidator of the society or between two registered societies or between a society and liquidator of another society or between liquidators of different societies, it shall after due notice in the manner prescribed to all parties concerned be referred to the Registrar for decision by himself or his nominee or if either of the parlies so desires, to arbitration of three arbitrators who shall be the registrar or his nominee and two persons of whom one shall be nominated by each of the parties concerned. In case a party fails to nominate an arbitrator, within one month of the service of the due notice, the Registrar shall have the power to do so. A dispute shall include claims by a society for debts or demands due to it from a member or past member or the heirs or assets of a deceased member whether such debts or demands be admitted or not; provided that if the question at issue between a society and a claimant, or between different claimants, is one involving complicated questions of law and fact, the Registrar may, if he thinks fit, suspend proceedings in the matter until the question has been tried by a regular suit instituted by one of the parties or by the society. If no such suit is instituted within six months of the Registrar's order suspending proceedings the Registrar shall take action as laid down in paragraph 1 of this section. (2) Where any dispute is referred under Sub-section (1) for decision by the Registrar's nominee or to arbitration or arbitrators, the Registrar may, at any time, for reasons to be recorded in writing, withdraw such dispute from his nominee or the arbitrators, as the case may be, and may decide the dispute himself or refer it again to any other nominee appointed by him for decision: provided that no such dispute shall be withdrawn except on any of the following grounds; (i) the Registrar's nominee or the arbitrators have failed to decide the dispute within two months or such further period as may be allowed by the Registrar; (ii) the proceedings before the Registrar's nominee or any of the arbitrators are vitiated in consequence of corruption or misconduct on the part of the Registrar's nominee or any of the arbitrators, as the case may be. (3) When any question arises whether for purposes of this section a matter referred for decision is a dispute or not, the question shall be decided by the Registrar whose decision shall be final. (4) In the case of a dispute involving property which is given as collateral security, it shall be competent to the person deciding such dispute to issue a mortgage award which shall have the same force as a mortgage decree of a competent civil court. (5) (a) Any party not satisfied with the award given by the Registrar's nominee or by the arbitrators under Sub-section (1) may appeal to the registrar wiihin two months of receiving notice of the award. (b) When an award is under consideration, in revision or on appeal, the registrar may order the court in which such award is pending for execution, to stay the execution proceedings and may call for the file of the case. (6) The decision given by the Registrar under Sub-section (1) or on appeal under Sub-section (5) and, when no appeal is fiied, the decision by the Registrar's nominee or by the arbitrators shall be final and shall not be called in question in any civil or revenue court. (7) Notwithstanding anything contained in Subsection (8) the government or the Registrar may either 'suo motu' or on the application of a party to a reference revise any decision on the original reference or on appeal, passed by a subordinate authority exercising the powers of the Registrar under this section, or by the Registrar's nominee or by the arbitrators. ";