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2009 Supreme(Ker) 1000

S.SIRI JAGAN
A. R. Nagar Service Co-Operative Bank – Appellant
Versus
State Of Kerala – Respondent


Advocates appeared:
For the Petitioner:Smt.P.A. Anitha, Advocate. For the Respondent: Bechu Kurain Thomas (Amicus Curiae)

Judgment :

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 i


























































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