The main legal point established in the judgment is the interpretation of the jurisdiction of the civil court under the Kerala Co-operative Societies Act 1969, the meaning of the word 'entertain', and the retrospective effect of the Act.

1. This Civil Revision petition by the plaintiff in a Small Cause Suit is against the order of the Munsiff, Nadapuram, returning the plaint for presentation to the Registrar of Co-operative Societies on the ground that under S.69 (1) of the Kerala Co-operative Societies Act 1969 (Act 21 of 1969), hereinafter referred to as the Kerala Act, Civil Court has no jurisdiction to entertain the suit.

2. The revision petitioner instituted the suit to recover arrears of salary up to 24 31964 at the rate of Rs. 40/- a month as the Manure Depot Agent of the respondent-Co-operative Society in a building of which the revision petitioner was the owner. It is alleged that when a qualified hand was available, the service of the revision petitioner was dispensed with. Therefore, the arrears of salary was claimed against the Co-operative Society.

3. The respondent society contended that there was no agreement to pay any salary to the revision petitioner though the manure depot was conducted in his building, that no amount was, therefore, payable to the revision petitioner and that even if so, a suit was not maintainable as the Registrar of the Co-operative Societies alone was competent to entertian a claim under the Co-operative Societies Act.

4. The suit was instituted on 16 6 1966 and under a judgment dated 3171967 the lower court dismissed it on the ground that under S.51 of the Madras Co-operative Societies Act 1932 (Madras Act 6 of 1932), which will hereinafter be referred to as the Madras Act, as the Registrar of Co-operative Societies was alone competent to entertain the claim and that the civil court has no jurisdiction to entertain the suit, As against that dismissal of the suit, the revision petitioner filed CRP. 166 of 1968 to this court. This court by its judgment dated 26th June, 1969 set aside the judgment and remanded the suit to the lower court for trial in accordance with law. This court held that the words "touching the business of the society" occurring in S.51 of the Madras Act would not preclude the revision petitioner to claim his salary as an employee of the society in a suit as the salary due to an employee of the society would not be considered as something "touching the business of the society". The decision of this court was supported by the ruling of the Supreme Court based upon an analogical low which is now reported in Deccan Merchants Co-operative Bank Ltd., v. M/s. Dalichand Jugraj Jain and others (AIR 1969 Supreme Court 1320).

5. The Munsiff entertained the suit once again, but this time the Munsiff thought that the suit had to be disposed of not under the provisions of the Madras Act, but it was under the provisions of the Kerala Act. So, applying the provisions of S.69 (1) of the Kerala Act, the learned Munsiff held that the civil court has no jurisdictions as the claim falls within a "dispute" as defined in S.2 (1) in which case it is held that the claim would come within the mischief of S.69 (1) (c) which provides that no court shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. Accordingly, the Munsiff directed the plaint to be presented before the Registrar of the Co-operative Societies. The revision petitioner has again filed this petition disputing the finding of court below that the civil court has no jurisdiction to entertain the suit.

6. There was no question that if the claim is to be considered under the provisions of S.51 of the Madras Act, the lower court has jurisdiction to entertain the suit. But, if the claim is to be considered as one falling within S.69 (1) of the Kerala Act, it would be clear that the, civil court would not have any jurisdiction to entertain the suit. So, we have to consider whether the claim comes with in the mischief of S.69 (1) or not. The relevant portion of S.69 (1) reads:

"(1) Notwithstanding anything contained in any law for the time being in force, if a dispute arises .................................................

(c)