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2015 Supreme(Ker) 1006

ASHOK BHUSHAN, T.B.RADHAKRISHNAN, ANTONY DOMINIC, A.M.SHAFFIQUE, ALEXANDER THOMAS
CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK LTD. – Appellant
Versus
K. SANTHOSH RAILWAY STATION, CHIRAYINKEEZHU – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI.LIJU. M.P
For the Respondent: SRI.BECHU KURIAN THOMAS, SRI.PAUL JACOB (P), SRI.ENOCH DAVID SIMON JOEL, SRI.S.SREEDEV, SRI.RONY JOSE, SRI.GEORGE A.CHERIAN, SMT. GIRIJA GOPAL

Judgment

(Ashok Bhushan, C.J. for himself and for A.M.Shaffique, J.)

This Larger Bench has been constituted on a reference dated 15.12.2014 made by a Three Judge Bench. While hearing the Writ Appeals, a Division Bench expressed its doubt regarding the correctness of an earlier Division Bench Judgment reported in Thodupuzha Taluk General Marketing Co-operative Society v. Michael Sebastian (2010 [1] KLT 938). The Division Bench referred the matter for consideration by a Full Bench vide its order dated 08.12.2010. Before the Division Bench in the Writ Appeals and Writ Petitions, the challenge was to the proceedings/orders passed by the State Government and Labour Courts in exercise of the jurisdiction under the Industrial Disputes Act, 1947 (hereinafter referred to as “the 1947 Act”). Appellants/Writ Petitioners are Co-operative Banks, i.e., Central Co-operative Societies who challenged the orders/proceedings under the 1947 Act on the ground that the proceedings initiated by the employees of the Cooperative Societies under the 1947 Act are without jurisdiction since jurisdiction under the 1947 Act is excluded by virtue of Section 69 of the Kerala Co-operative Societies Act, 1969 (herein
















































































































































































































































































































































































































































































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