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1986 Supreme(Ker) 441

MALIMATH, BHASKARAN NAMBIAR
PAILY – Appellant
Versus
RAGHAVAN – Respondent


Judgment :-

1. This appeal is by the 5th respondent in O. P. No. 6011 of 1986 challenging the judgment of the learned single judge in the O. P. In regard to certain problems regarding conditions of service such as seniority etc., the dispute between the appellant, the 1st respondent and the 5th respondent, Naduvil Service Co-operative Bank Ltd., was referred under S.69 of the Kerala Co-operative Societies Act, 1969 to the Assistant Registrar of Co-operative Societies. Before the Assistant Registrar, the question was raised as to whether the dispute raised before him is dispute as defined in clause (i) of S.2 of the Act. The Assistant Registrar to whom the dispute was referred, rendered a decision to the effect that the dispute referred to him is dispute as defined in clause (i) of S.2 of the Act. He also simultaneously rendered his decision on the merits against the appellant. It appears that the question as to whether the dispute referred falls under clause (i) of S.2 was not raised for decision as a preliminary issue and therefore came up for decision along with all other issues on merits.

2. The appellant then challenged the decision of the Assistant Registrar, that the dispute r








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