IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 29TH NOVEMBER 2007 / 8TH AGRAHAYANA 1929 WP(C).No. 28559 of 2007(Y) -------------------------- PETITIONER: ------------ 1. THE BOARD OF DIRECTORS OF THE RAMAPURAM SERVICE CO-OPERATIVE BANK LTD, P.O.RAMAPURAM,MALAPPURAM DISTRICT, REPRESENTED BY ITS PRESIDENT. 2. THE RAMAPURAM SERVICE CO-OPERATIVE BANK LTD, P.O.RAMAPURAM,MALAPPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENTS: ------------- 1. THE INDUSTRIAL TRIBUNAL, PALAKKAD. 2. M.K.LEELAVATHY, KAMALAMKUNNATHU HOUSE, KATTILASSERY, KADUNGAPUAM P.O. ANGADIPURAM, MALAPPURAM DISTRICT. R2 BY ADV. SRI.DEVIDAS.U.K R1 BY GOVT. PLEADER SHRI. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P(C) 28559/07 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF THE ORDER NO: CRP-1/9037/02 DT. 15.11.2003 EXT.P2: -DO- OF THE LETTER NO: 3042/C3/05/CO-OP DT. 23.12.2006 EXT.P3: -DO- OF G.O.RT. 350/07/C0-OP DT. 21.5.2007 EXT.P4: -DO- OF GORT 1416/06/LBR/DT. 22.6.2006 EXT.P5: -DO- OF THE WRITTEN STATEMENT FILED IN I.D. 30 OF 2006 DT. 11.1.2007 BEFORE THE FIRST RESPONDENT jj /TRUE COPY/ P.S TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.28559 of 2007-Y = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 29th day of November, 2007. JUDGMENT The petitioners challenge the entertainment of a matter as an industrial dispute. The plea is that in view of Sections 69 and 70 of the Kerala Co-operative Societies Act, 1969, an industrial dispute is barred. It is unsustainable because, the Industrial Disputes Act is a Central enactment and the provisions of the KCS Act do not override the ID Act. The writ petition fails and that plea is rejected. However, the question whether the Assistant Secretary is a workman will have to be considered by the Industrial Tribunal during course of proceedings. Without prejudice to the petitioners' right to agitate that issue, this writ petition is dismissed. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/