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2015 Supreme(Online)(KER) 35641

HIGH COURT OF KERALA
ASHOK BHUSHAN, CJ, K.S.RADHAKRISHNAN, J, ANTONY DOMINIC, J, AMSHAFFIQUE, J, ALEXANDER THOMAS, J
CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK – Appellant
Versus
K.SANTHOSH – Respondent


Advocates:
SRI.LIJU. M.P, 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

J U D G M E N T

(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 inThodupuzha 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 Co- operative 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, 19

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