9911796707
TMI Blog1997 (4) TMI 518X X X X Extracts X X X X X X X X Extracts X X X X ..... this case is: whether the reference under Section 10(1) of the Industrial Disputes Act, 1947 (for short, the "Act") is maintainable in view of the provisions contained in the M.P. Co-operative Societies Act, 1960 (for short, the 'Societies Act')? Admittedly, the petitioner was dismissed from service for his misconduct. Thereafter, he sought a reference under the Societies Act wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oyment in societies. - (1) The Registrar may, from time to time frame rules governing the terms and conditions of employment in a society or class of societies and the society or class of societies to which such terms and conditions of employment are applicable shall comply with the order that may be issued by the Registrar in this behalf. (2) Where a dispute including a dispute regarding terms ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the arbitration and contends that the dispute of dismissal from service of the employee of the society being not one of the disputes referable to the arbitration under the Societies Act, the award of the Dy. Registrar is without jurisdiction. He relied on the decision of this Court in Co-operative Central Bank Ltd. & Ors. etc. [AIR 1970 SC 245]. He also places reliance on Section 93 of the Societi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y and its employees, the Registrar or any officer appointed by him, not below the rank of Assistant Registrar, shall decide the dispute and his decision shall be binding on the society and its employees. As regards power under Section 64, the language is very wide, viz., "Notwithstanding anything contained in any other law of the time being in force any dispute touching the constitution, a ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ubt, section 11 CPC does not in terms apply because it is not a Court, but a Tribunal, constituted under the Societies Act is given special jurisdiction. So, the principle laid down thereunder mutatis mutandis squarely applies to the procedure provided under the Act. It operates as res judicate. thus, we find that the High Court is well justified in holding that the Labour Court has no jurisdictio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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