ORDER

Delay condoned.

2. The only question in this case is: whether the reference under Section 10(1) of the Industrial Disputes Act, 1947 (for short, the "Act") is maintainable in view the provisions contained in the M.P. Co-operative Societies Act, 1960 (for short, the Societies Act )? Admittedly, the petitioner was dismissed from service for his misconduct. Thereafter, he sought a reference under the Societies Act which was confirmed and became final. On a reference made under the Act, the Labour Court in case No. 48/85 held that domestic enquiry was vitiated by illegality and accordingly it set aside the order of dismissal. In Writ Petition No. 2077/92 by judgment dated July 8, 1996, the High Court has held that in view of the provisions contained in Section 55 of the Societies Act, the Labour Court had no jurisdiction and, therefore, the reference is bad. It is also held that since the finding was recorded by the Deputy Registrar, Co-op. Societies against the petitioner in the award, it operates as res judicata. The question is whether the view taken by the High Court is correct in law. Section 55 of the Societies Act postulates thus :

"55. Registrar s power to determine conditi