JUDGMENT : (Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari, call for the records relating to the passing of the award in I.D.No.171 of 2009 dated 07.03.2015 on the file of the 2nd Respondent-Labour Court, Salem and quash the same as being illegal, arbitrary and unconstitutional in the interest of justice and thus render justice.) 1. The Award dated 07.03.2015 passed in I.D.No.171 of 2009 is under challenge in the present writ petition. 2. The writ petitioner is the Management of S.909, Anangur Primary Agricultural Cooperative Bank Limited. The writ petitioner is a Cooperative Society registered under the provisions of the Tamil Nadu Cooperative Societies Act. The main contention of the writ petitioner is that the 1st respondent namely Mr.A.Viswanathan, was employed as the Assistant Secretary of the writ petitioner Bank. The Assistant Secretary was employed in a managerial cadre and therefore, the Labour Court ought not to have entertained the dispute under the provisions of the Industrial Disputes Act. To establish the fact that based on the Assistant Secretary is the Managerial Cadre, the learned counsel for the petitioner produced the cadre strength and Pay Allowances, which shows that the Society is functioning with one Secretary and one Assistant Secretary/Manager and thereafter Accountant, Junior Assistant, Sub-Staff are working in the petitioner Bank. This apart, it is established that the duties and responsibilities attached to the Post of Assistant Manager of the writ petitioner Bank is to supervise the works of the other employees and the same has been extracted hereunder : “LANGUAGE” 3. In view of the fact that the duties and responsibilities attached to the Post of Assistant Secretary of the writ petitioner Bank reveals that the Post itself is a Managerial cadre. The dispute raised is untenable. 4. As far as the employees of the Cooperative Societies are concerned, the remedy is available under the provisions of the Cooperative Societies Act itself. The aggrieved employees may approach the competent authorities under the provisions of the Act, more specifically, Section 153 of the Act provides Revision and Section 154 of the Act provides Review. Thus, in the event of any grievances, employees working in a managerial cadre in a Cooperative Society can approach the competent authority under the provisions of the Act for the redressal of their grievances. 5. Thus, in the event of any grievances, employees working in a managerial cadre in a Cooperative Society can approach the competent authority under the provisions of the Act for the redressal of their grievances. 5. In this regard, this Court passed an order in W.P.No.27120 of 2013 dated 12.09.2019 and the relevant paragraphs are extracted hereunder: 6. This Court now has to consider the ingredients of Section 2(s) of the Industrial Disputes Act and Section 2(s) reads as follows: “2. (s) "workman" means any person (including an apprentice) employed in any industry to do any manual, unskilled, skilled, technical, operational, clerical or supervisory work for hire or reward, whether the terms of employment be express or implied, and for the purposes of any proceeding under this Act in relation to an industrial dispute, includes any such person who has been dismissed, discharged or retrenched in connection with, or as a consequence of, that dispute, or whose dismissal, discharge or retrenchment has led to that dispute, but does not include any such person-- (i) who is subject to the Air Force Act, 1950 (45 of 1950), or the Army Act, 1950 (46 of 1950), or the Navy Act, 1957 (62 of 1957); or (ii) who is employed in the police service or as an officer or other employee of a prison; or (iii) who is employed mainly in a managerial or administrative capacity; or (iv) who, being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature.” 7. Undoubtedly, if persons employed mainly in a managerial or administrative capacity; or being employed in a supervisory capacity, draws wages exceeding one thousand six hundred rupees per mensem or exercises, either by the nature of the duties attached to the office or by reason of the powers vested in him, functions mainly of a managerial nature. Sub Clause (ii) and (iii) of the above cited Act enumerates that the persons, who all are serving in a managerial or administrative capacity, cannot be construed as a workman within the meaning of Section 2(s) of the Industrial Disputes Act. 8. Let us now consider the duties and responsibilities of the Secretary of a Cooperative Society. 9. Sub Clause (ii) and (iii) of the above cited Act enumerates that the persons, who all are serving in a managerial or administrative capacity, cannot be construed as a workman within the meaning of Section 2(s) of the Industrial Disputes Act. 8. Let us now consider the duties and responsibilities of the Secretary of a Cooperative Society. 9. A Cooperative Society is a Registered Society under the provisions of the Tamil Nadu Cooperative Societies Act. In the present case, the writ petitioner Society is managed by the Elected Board of Directors and the Head of the Administration is the Secretary of the Society. Below the Post of Secretary, the Post of Assistant Secretary is also available and Senior Clerk and thereafter Clerk and Office Assistants and other Clause IV employees are working. Thus, the Secretary is the person, who is responsible for the implementation of the policy decisions taken by the Elected Board of a Cooperative Society. The Secretary of the Cooperative Society is the administrative head, who has to pass orders, implementing the policy decisions or the directions given either by the Board or by the Registrar of the Co-operative Societies. Thus, the Secretary is functioning as an Administrative head and implementing the directions issued by the Registrar of Cooperative Societies as well as decisions taken by the Elected Board. 10. This being the principles to be followed, the Labour Court has committed an error in entertaining the disputes, which is not maintainable. Consequently, the Award dated 07.03.2015 passed in I.D.No.171 of 2009 is quashed. The 1st respondent employee is at liberty to approach the competent authority under the provisions of the Tamil Nadu Cooperative Societies Act for the purpose of redressal of their grievances. 11. Accordingly, the writ petition stands allowed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.