LAWS(P&H)-1958-9-18

JULLUNDUR TRANSPORT CO-OPERATIVE SOCIETY Vs. PUNJAB STATE

Decided On September 10, 1958
JULLUNDUR TRANSPORT CO-OPERATIVE SOCIETY Appellant
V/S
PUNJAB STATE THROUGH THE SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) THIS case was referred to a larger Bench by Bishan Narain J. , on 29-8-1957 to be heard along with Civil Writ No. 539 of 1956 as the point that arises for decision in this case had already been referred to a Division Bench by the same learned judge in the other case. The other writ petition (Civil Writ No, 539 of 1956) has today been withdrawn and has, therefore, been dismissed as such.

(2.) THE point which arises for consideration in this case is whether an industrial dispute between a Co-operative Society under the Punjab Co-operative Societies act" of 1954 and its workmen can under the law be referred to an Industrial tribunal set up under the Industrial Disputes Act, 1947. The, learned counsel for the petitioner contends that alt disputes except disputes regarding disciplinary action taken by a society, touching the constitution or business of the society are to be determined in accordance with the provisions of Section 50 of the Punjab Cooperative societies Act, 1954 (Punjab Act No. XIV of 1955 ). He submits that Section 50 of the said Act being an exhaustive code which lays down a detailed procedure according to which all disputes have to be determined, it must be so interpreted as to completely exclude the applicability of the industrial Disputes Act to such disputes even though they fall within the definition of Industrial Disputes as defined in the said Act. In developing his argument the learned counsel drew our attention to the opening part of the Punjab Co-operative Societies Act, 1954, and argued that this Act being a consolidating and amending Act it should be construed to contain an exhaustive and self-contained code dealing with all the subjects on which provisions have been made in this Act including the determination of disputes between the Society and its servants which, so the counsel argues, must be deemed to include industrial disputes.

(3.) SECTION 50 of the Act reads as follows: