1. In Deputy Labour Commissioner v. Emmanual, 1979 KLT. 392, a Division Bench of this court (Gopalan Nambiyar, C. J and Balagangadharan Nair, J.) held that the Kerala Payment of Subsistence Allowance Act, 1972 (Act 27 of 1973) will override the provisions of the Kerala Co-operative Societies Act, 1969 (Act 21 of 1969).

2. A contention that the above judgment did not consider "important questions based on S.2(c) of Act 27 of 1973, R.198(6) of the Co-operative Societies Rules and the decision in AIR. 1963 SC. 1561" persuaded Namboodiripad, J. to refer the matter to be heard by a Division Bench.

3. We may straightaway point out that the submission of counsel about the non-consideration of S.2(c) of Act 27 of 1973 and R.198(6) of the Kerala Co-operative Societies Rules, 1969 is not correct. The Division Bench has made specific reference to the section and the rule in Para.3 of its judgment. In the course of its discussion, the Division Bench observed:

"The definition of an 'establishment' is given in S.2(c) of the Act. It is unnecessary to refer to the same"

The entire R.198(6) had been extracted earlier in the same paragraph of the judgment The effect and impact of that rule h