KERALA HIGH COURT
Gopalan Nambiyar, CJ, Balagangadharan Nair, J
Edathua Service Cooperative Bank Ltd. v. Authority Under S.6 of K. P. S. A. ACT
| Table of Content |
|---|
| 1. special acts prevail over general acts. (Para 1 , 4 , 8) |
| 2. legislative intention ensures employee protection. (Para 2 , 3 , 6) |
| 3. judicial interpretation on coexistence of laws. (Para 9 , 10) |
| 4. application of legislation in suspension cases. (Para 12 , 14) |
| 5. final dismissal of the petition. (Para 15) |
1.In Deputy Labour Commissioner v. Emmanual, 1979 KLT 392, a Division Bench of this court (Gopalan Nambiyar, C. J and Balagangadharan Nair, J.) held that the Kerala Payment of Subsistence Allowance Act, 1972 (Act 27 of 1973) will override the provisions of the Kerala Cooperative Societies Act, 1969 (Act 21 of 1969).
2. A contention that the above judgment did not consider "important questions based on S.2(c) of Act 27 of 1973, R.198(6) of the Cooperative Societies Rules and the decision in AIR 1963 SC 1561" persuaded Namboodiripad, J. to refer the matter to be heard by a Division Bench.
3. We may straightaway point out that the submission of counsel about the non consideration of S.2(c) of Act 27 of 1973 and R.198(6) of the Kerala Cooperative Societies Rules, 1969 is not correct. The Division Bench has made specific reference to the section and the rule in Para.3 of its
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