LAWS(MAD)-2010-10-153

MANAGEMENT OF THE TIRUCHIRAPALLI DISTRICT CENTRAL CO OPERATIVE BANK LTD Vs. INDUSTRIAL TRIBUNAL 2ND FLOOR CITY CIVIL COURT BUILDINGS

Decided On October 22, 2010
MANAGEMENT OF THE TIRUCHIRAPALLI DISTRICT CENTRAL CO-OPERATIVE BANK LTD. Appellant
V/S
INDUSTRIAL TRIBUNAL Respondents

JUDGEMENT

(1.) The writ petition is directed against the award dated 5.11.2001 passed by the Industrial Tribunal in I.D.No.110 of 1997 raised by the second respondent/Union.

(2.) The writ petitioner/Management, which is a co-operative society governed by the Tamil Nadu Co-operative Societies Act, 1983 (for brevity, "the Act") and the Rules framed thereunder, proposed to effect amendment in respect of the Special Bye-laws relating to the service conditions of its employees and the said amendment was relating to the medical leave facilities to the employees and the amendment was in the following terms:

(3.) The award of Industrial Tribunal is assailed by the petitioner/ management, as submitted by the learned counsel for the petitioner, Mr.R.Parthiban, on the ground that the Industrial Tribunal has failed to take note of the fact that a preliminary objection has been raised about the jurisdiction of the Tribunal, since the service conditions in respect of the employees of co-operative societies are fully governed by the bye-laws framed under the Act and therefore, the further proceedings are to be initiated only under the provisions of the Act and consequently, raising of industrial dispute before the Tribunal lacks jurisdiction.