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1963 Supreme(Ker) 136

M.S.MENON, M.MADHAVAN NAIR
MALABAR CO-OPERATIVE CENTRAL BANK LIMITED, KOZHIKODE – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. The petitioner in O. P. No. 2583 of 1962, a cooperative society, is the appellant before us. An industrial dispute between the society and its workmen was referred for adjudication to the Industrial Tribunal, Kozhikode, by the Government of Kerala under S.10 (1) (d) of the Industrial Disputes Act, 1947.

2. Ext. P-3 is the order of reference. It shows that the matters to which the dispute relates are: 1. Wage rates, allowances and fitment. 2 Promotion.

3. Gratuity and Pension.

4. Medical Aid.

5. Recruitment and Probation.

6. Retirement.

3. The sole question for determination in the appeal is whether the reference is incompetent because of S.51 of the Madras Co-operative Societies Act, 1932. The portion of S.51 on which counsel for the appellant relies reads as follows:

(1) "If any dispute touching the business of a registered society 'other than a dispute regarding disciplinary action taken by the society or its committee against a paid servant of the society) arises

(c) between the society or its committee and any past committee, any officer, agent or servant or any past officer, past agent or past servant, or the nominee, heirs or legal representatives of any deceased offic







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