DEPUTY LABOUR COMMISSIONER Vs. EMMANUAL

JUDGEMENT

(1.) The appeal is by the Deputy Labour Commissioner, Ernakulam, and the Registrar of Cooperative Societies, Trivandrum against the decision of a learned Judge in OP No. 1250 of 1978. The question raised is short and interesting, namely, whether the payment of subsistence allowance to the employees of a Cooperative Society governed by the Kerala Cooperative Societies Act, 1969 is regulated by the provisions of R.198(6) of the Kerala Cooperative Societies Rules or by the statutory provisions of the Kerala Payment of Subsistence Allowance Act, 1972 (Act 27 of 1973). The learned Judge in his judgment under appeal held that the former Act is a special Act, and the employees of the Cooperative Societies must have the subsistence allowance paid to them under the provisions of R.198(6) which should be regarded as a special Rule on the subject, and that the Payment of Subsistence Allowance Act should be regarded as a general Act.

(2.) The question arises in connection with certain disciplinary proceedings taken by the Society, the 1st respondent herein, against the second respondent, who was kept under suspension. Exts. P9 and P12 are the orders passed with respect to payment of subsistence allowance, ordered under the provisions of the Kerala Payment of Subsistence Allowance Act. These were sought to be quashed by the Cooperative Society, the petitioner in the writ petition on the ground that subsistence allowance under R.198(6) of the Cooperative Societies Rules would work out at more favourable rates to the 1st respondent society and on less beneficial terms to the 2nd respondent. The argument raised on behalf of the Cooperative Society was sought to be supported on the ground that the Cooperative Societies Act and the Rules are special enactments which should override the general enactment, namely, the Payment of Subsistence Allowance Act.

(3.) We have given the matter our careful attention. We find it difficult to agree with the learned Judge. The Cooperative Societies Act no doubt deals specifically with Cooperative Societies, their control, their management, their administration and regulation of their affairs. In that enactment, we get S.80(3) which provides as follows: