The Industrial Disputes Act, 1947, is the special statute governing industrial disputes, including those involving co-operative societies, and prevails over the Bengal Co-operative Societies Act, 1940, which is a general statute.

P. B. MUKHARJI, J.

( 1 ) THIS is an application under Article 22g of the Constitution. It raises the short but interesting point whether the dispute of the workers of a co-operative society with their employers can be referred to an Industrial Tribunal under the Industrial Disputes Act. Statutory conflict between the Bengal Co-operative Societies Act, 1940 and the industrial Disputes Act, 1947 was debated at the Bar. Which statute should prevail is the problem posed. It is a point of first impression.

( 2 ) ITS determination may be prefaced by a short account of some simple facts. The applicant is the Co-operative Milk Societies Union Ltd. , a society registered under the Bengal Co-operative Societies Act. The respondents are the Fourth Industrial Tribunal, the co-operative Milk Employees and Workers' Union which is a registered trade union under the Indian Trade Union Act, 1926 and the Government of West Bengal. The object of this society is promotion of the common interest of its members in accordance with the co-operative principles like thrift, self-help, mutual aid among persons of moderate means with needs and interests common among its members, for the betterment of conditions of living and better methods Of production. The Co-operative Milk Employees and Workers' Union is a trade union formed by the servants of the applicant society. By an order, dated 25th April, 1957 the Government constituted the Fourth Industrial Tribunal and referred to it certain disputes mentioned in that order between the applicant Society and its servants for adjudication by the Tribunal. The disputes actually referred to for adjudication are (1) wages and wage scales and (2) dearness allowance.

( 3 ) THE only objection of the applicant is that the Industrial Tribunal has no jurisdiction to try a dispute between a Co-operative society registered under the Co-operative Societies Act and its workmen. The argument is that the Bengal Cooperative Societies Act of 1940 is a special statute relating to co-operative societies the object of which as appearing in the preamble is inter alia:"to make further provision for the formation and working of co-operative societies and for the promotion of thrift, self-help and mutual aid among persons of moderate means with needs and interests in common to the end that better conditions of living and better methods of production and business may thereby result. "

( 4 ) IT is contended that this Act makes a special provision for settlement of disputes of this particular type of societies formed for these particular objects. Section 86 of the Bengal Co-operative Societies Act, 1940 provides:"any dispute touching the business of a cooperative society (other than a dispute regarding disciplinary action taken by a society or its managing committee against a paid servant of the society) or of the liquidator of a society shall be referred to the Registrar if the parties thereto are among the following, namely, -- (a) the society, its managing committee, any past or present officer, agent or servant or the liquidator of the society; or (b) a member, past member or person claiming through a member, past member or deceased member of the society; or (c) a surety of a member, past member or a deceased member of the society, whether such surety is or is not a member of the society; or (d) any other co-operative society or the liquidator of such society. "on the basis of this section it is urged that the dispute within the meaning of Section 86 of the Act shall be referred to the Registrar. Therefore, the Registrar is said to be the only authority to which, reference of the dispute can be made and the Industrial Tribunal under the Industrial Disputes Act has no jurisdiction to entertain such a reference in respect of such a dispute.

( 5 ) SECTION 87 of the Act thereafter goes on to Provide: (1) On receipt of a reference under Section 86 the Registrar shall, subject to the rules: (a) decide the dispute himself; or (b) trans

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