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1979 Supreme(Ker) 37

G.BALAGANGADHARAN NAIR, V.P.GOPALAN NAMBIYAR
DEPUTY LABOUR COMMISSIONER – Appellant
Versus
EMMANUAL – Respondent


Judgment :-

1. The appeal is by the Deputy Labour Commissioner, Ernakulam, and the Registrar of Co-operative Societies, Trivandrum against the decision of a learned judge in O.P. No. 1250 of 1978. The question raised is short and interesting, namely, whether the payment of subsistence allowance to the employees of a Co-operative Society governed by the Kerala Co-operative Societies Act, 1969 is regulated by the provisions of R.198(o) of the Kerala Co-operative Societies Rules or by the statutory provisions of the Kerala Payment of Subsistence Allowance Act, 1972 (Act 27 of 1973). The learned judge in his judgment under appeal held that the former Act is a special Act, and the employees of the Co-operative Societies must have the subsistence allowance paid to them under the provisions of R.198 (o) which should be regarded as a special Rule on the subject, and that the Payment of Subsistence Allowance Act should be regarded as a general Act.

2. The question arises in connection with certain disciplinary proceedings taken by the Society, the 1st respondent herein, against the second respondent, who was kept under suspension. Exts. P9 and P12 are the orders passed with respect to paymen















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