Sec. 9 . Department refusing to
refer the dispute regarding the telephone bills under Sec.7B of the Indian
Telegraph Act . Matter is of civil nature. Suit can be filed.
[Union of India vs Sasi. 1999(2) KLT 521. S.Sankarasubban{J}]
Sec.9 -- Motor Transport Workers Welfare
Fund Act provides for the liability and remedies and the jurisdiction of the
civil courts have been excluded. Under sec.23 of the MTWWF Act, no civil court
has jurisdiction to deal with any question on any matter which is covered by the
Act. [District Executive Officer Vs. V.K.Pradeep &
Ors. 1999(2) KLT 667 = 1999(1) KLJ 492. S.Sankarasubban, J.]
Sec .9 - Parties aggrieved by awards or orders passed by
Registrar or his nominee under 69 and 70 of the Co-operative Societies
Act, should invoke the remedies under the Act and cannot invoke jurisdiction of
Civil Court - Co-operative Societies Act, 1969 (Kerala) Ss. 69, 70 & 100.
[Kalakkode Service Co. operative Bank Vs. Special Sole
Officer, 2002 (1) KLT SN 91 Page No.73. K.A. Mohamed Shafi (J)].
Suit for declaration that a person is continuing in service and restraining from
obstructing the functioning in the office - Contract of service which subsisted
between the master and servant cannot be specifically enforced.
[Lord
Krishna Bank vs .T.B.Reghuraman . CRP.No. 1961 of 1999. Dated 14th February,
2001. M.R.Hariharan Nair (J)]