Ceylon Coconut Producers Co Operative Union Ltd V. Jayakody

1962 Present : T. S. Fernando, J.

CEYLON COCONUT PRODUCERS' CO-OPERATIVE UNION, LTD.
Appellant, and C. JAYAKODY, Respondent

S. C. 14 of 1960-Labour Tribunal Case No. 2/1915

    Workman employed by a registered co-operative society-Bight to apply for reliefs obtainable under Industrial Disputes Act-Co-operative Societies Ordinance (Cap. 124), s. 53-Industrial Disputes Act (Cap. 131), as amended by Act No. 62 of 1957, ss. 31s, 33 (1)-Applicability of maxim Generalia specialibus non derogant.

    Section 53 of the Co-operative Societies Ordinance, which declares that the decision of the arbitrator and/or the Registrar in a certain class of disputes between a registered co-operative society and any employee thereof " shall be final and shall not be called in question in any civil court ", does not oust the jurisdiction of a Labour Tribunal to grant relief to the employee if he is a workman within the meaning of the Industrial Disputes Act, and, as such, chooses to make an application for relief in terms of section 3lB of the Industrial Disputes Act (Cap. 131), as amended by Act No. 62 of 1957. In such

Click Here to Read the rest of this document