The common issue raised in these two writ petitions is as to whether Section 69 of the Kerala Co-operative Societies Act, 1969, (hereinafter referred to as 'the Societies Act') as amended by Amendment Act 1 of 2000, ousts the jurisdiction of the Labour Courts and Industrial Tribunals under the Industrial Disputes Act, 1947 in respect of service matters of workmen of co-operative societies answering the definition of "dispute" as defined under the Industrial Disputes Act, 1947 (hereinafter referred to as the I.D. Act). In W.P(C) No. 27909/2009, a co-operative society challenges the order by which the Government of Kerala has referred a dispute raised by a workman of the society to the Labour Court, Kozhikode for adjudication under the Industrial Disputes Act, 1947 and the proceedings before the Labour Court, pursuant to the reference. In the other writ petition, the workman who raised the said dispute seeks to sustain the order of reference and the proceedings before the Labour Court. Since, I am expected only to decide the question of law and leave it to the parties to resort to either of the two remedies, it is not necessary to refer to the facts leading to the dispute in detail. Suffice it to note that by Ext. P1 order in W.P(C) No. 27909/09, the Government of Kerala has referred the dispute raised by the petitioner in the other writ petition for adjudication by the Labour Court, Kozhikode and the Labour Court has taken cognizance of the dispute as I.D.No. 6/2009, by issuing Ext. P2 summons to the parties.

2. Section 69 of the Kerala Co-operative Societies Act, 1969, as it stood prior to its amendment by Amendment Act 1/2000 read thus:

"69. Disputes to be referred to Registrar:-(1) Notwithstanding anything contained in any law for the time being in force, if a dispute arises-,

(a) among members, past members and persons claiming through members, past members and deceased members; or

(b) between a member, past members or person claiming through a member, a past member or deceased member and the society, its committee or any officer, agent or employee of the society; or

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

(d) between the society and any other society; or (e) between a society and the members of a society affiliated to it; or

(f) between the society and a person, other than a member of the society, who has been granted a loan by the society or with whom the society has or had business transactions or any person claiming through such a person; or

(g) between the society and a surety of a member, past member, deceased member or employee or a person, other than a member, who has been granted a loan by the society, whether such a society is or is not a member of the society; or

(h) betweens the society and a creditor of the society, such dispute, shall be referred to the Registrar for decision, and no court shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute. Explanation:- In this section and in S. 70, the term "Registrar" means the Registrar of Co-operative Societies appointed under sub section (1) of S. 3 and includes any person on whom the powers of the Registrar under this section and S. 70 are conferred.

(2) For the purposes of sub section (1), the following shall also be deemed to the disputes, namely:-

(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;

(b) a claim by a surety against the principal debtor, where the society has recovered from the surety any amount in respect of any debt or demand due to it from the principal debtor, as a result of the default of the principal debtor, whether such debt or de