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2005 Supreme(Ker) 707

THOTTATHIL B.RADHAKRISHNAN
Prakasini – Appellant
Versus
Joint Registrar – Respondent


Judgment :-

Thottathil B. Radhakrishnan, J.

The Board of the second respondent Co-operative Bank resolved on 6-2-2003, among other things, to promote the writ petitioner with effect from 1-1-2003. Following that Ext.P1 proceedings No.1/2003 was issued by the President of the Co-operative Bank on 10-2-2003.

2. Before the said P1 decision was taken, amendments made as per Act 1 of 2000 to S.69 of the Co-operative Societies Act were given effect to, with effect from 2-1-2003. Thereby Clause (d) of sub-s.2 of S.69 brought all disputes in connection with the employment, including their promotion and inter se seniority under the canopy of the word ‘disputes’ for the purpose of S.69(1). The last limb of S.69(1) provides that such disputes shall be decided by the arbitration court or the Registrar, as the case may be and no other court or authority shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. In my considered view, this is a clear statutory exclusion of the authority under R.176 of the KCS Rules, which otherwise was being exercised in relation to such disputes. So much so, there cannot be any statutory adjudication by any authority other than


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