MANAGEMENT OF HUKKERI Vs. S R VASTRAD

JUDGEMENT

(1.) IN all these Writ Petitions as common question of law is involved they are taken up for consideration together and disposed of by this common order.

(2.) THE petitioners in W. P. Nos. 6717 of 1997 Writ Petition Nos. 32623 of 1997; 3371 of 1998; 20189 of 1998; 22897 of 1998; 22898 of 1998; 22899 of 1998 ; 36040 of 1998; 22925 of 1999; 24945 of 1999; 37914 of 1999; 39020 of 1999; 45731 of 1999; 44802 of 1999; 13826 of 2000; 21040 of 2000; 28946 of 2000; 31466 of 2000; 33528 of 2000; 36407 of 2000 are all cooperative societies/banks registered under the Karnataka Cooperative Societies Act, 1959 and are governed by the provisions of the said Act. The petitioners in W. P. Nos. 18025 of 1997; 25812 of 1997; 18191 of 1998; 29650 of 1998; 30229 of 1998; 30562 of 1998; 2542 of 1999; 7112 of 1999; 13813 of 1999; 16780 of 1999; 22928 of 1999; 29657 of 1999; 32148 of 1999; 35275 of 1999; 36461 of 1999; 38729 of 1999; 113 of 2000; 6304 of 2000; 3997 of 2001; and 47510 of 2001 are all employees of a cooperative society/bank who are also governed by the provisions of the said act. They have challenged in all these Writ Petitions the awards passed by the Labour Court under Section 10 of the Industrial Disputes Act, 1947.

(3.) THE State legislature enacted the Karnataka Cooperative Societies Act, 1959 with an object to consolidate and amend the laws relating to co-operative societies in the State and it generally provides for the establishment of societies, their registration, membership, rights and liabilities of members, powers of the general body, management of societies and their properties and funds, audit, winding up and dissolution and execution of awards, decrees and other matters. By karnataka Act 19/1976 Section 70 of the Act was amended introducing Clause (d) to sub-section (2) of Section 70 which reads as under :