Dismissed

Xavier Thomas v. Managing Director, Kaduthuruthy Co-Op.Rubber Marketing Processing

Kerala HC13 Dec 2012WP(C)/26806/2012

Case brief

AI extract

What is this about?

The petitioner challenged orders regarding suspension and reinstatement to his post as Chemist involving salary posting issues. The Court observed that these service disputes fall within the domain of the Co-operative Arbitration Court under Section 69 of the Act.

What did the court decide?

Writ petitions dismissed as the matter falls within the jurisdiction of the Co-operative Arbitration Court.

Xavier Thomas Vs Managing Director, Kaduthuruthy… — Cooperative Societies | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID

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THURSDAY, THE 13TH DAY OF DECEMBER 2012/22ND AGRAHAYANA 1934

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WP(C).No. 26806 of 2012 (A)

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PETITIONER :

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XAVIER THOMAS, CHARTHAMKALAYIL, ERAVIMANGALAM P.O., MUTTUCHIRA KOTTAYAM, CHEMIST (UNDER SUSPENSION) KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING AND PROCESSING SOCIETY LTD. NO.1397 KADUTHURUTHY P.O., KOTTAYAM.

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BY ADVS.SRI.P.P.JACOB SRI.T.P.GOPAKUMAR

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RESPONDENT(S):

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1. THE KADUTHURUTHY CO-OPERATIVE RUBBER

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MARKETING AND PROCESSING SOCIETY LTD.NO.1397,

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KADUTHURUTHY P.O., KOTTAYAM, PIN - 686 604

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REPRESENTED BY THE MANAGING DIRECTOR.

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2. THE BOARD OF DIRECTORS OF THE KADUTHURUTHY CO-OPERATIVE

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RUBBER MARKETING AND PROCESSING SOCIETY LTD.NO.1397, KADUTHURUTHY P.O., KOTTAYAM, PIN - 686 604

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REPRESENTED BY ITS PRESIDENT.

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3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G),

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KOTTAYAM,

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OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOTTAYAM, PIN - 686 039.

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R1 & R2 BY ADVS. SRI.V.G.ARUN

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SRI.T.R.HARIKUMAR

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R3 BY GOVT. PLEADER SRI. G. GOPAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-12-2012, ALONG WITH WPC NO. 27671/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 26806 of 2012 (A)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXHIBIT P1. TRUE PHOTOCOPY OF THE LETTER ISSUED BY PETITIONER TO THE FIRST RESPONDENT DATED 03.11.2011.

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EXHIBIT P2. TRUE PHOTOCOPY OF THE ORDER ISSUED BY FIRST RESPONDENT TO THE PETITIONER DATED 02.11.2011.

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EXHIBIT P3. TRUE PHOTOCOPY OF THE ORDER ISSUED BY THIRD RESPONDENT TO THE FIRST RESPONDENT DATED 29.09.97.

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EXHIBIT P4. TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C) 29547/2011 DATED 04.11.2011.

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EXHIBIT P5. TRUE PHOTOCOPY OF THE WRITTEN STATEMENT FILED BY FIRST RESPONDENT IN A.R.C 55/2011 DATED 07.01.2012.

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EXHIBIT P6. TRUE PHOTOCOPY OF THE ORDER ISSUED BY FIRST RESPONDENT DATED 05.11.2011 TO THE PETITIONER.

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EXHIBIT P7. TRUE PHOTOCOPY OF THE LETTER ISSUED BY FIRST RESPONDENT TO THE PETITIONER DATED 02.11.2011.

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EXHIBIT P8. TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE SECOND RESPONDENT DATED 17.09.2012.

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EXHIBIT P9. TRUE PHOTOCOPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE THE THIRD RESPONDENT DATED 07.11.2012.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.S. TO JUDGE

HARUN-UL-RASHID,J.

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W.P.(C).NOS.26806 & 27671 OF 2012

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DATED THIS THE 13TH DAY OF DECEMBER, 2012

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JUDGMENT

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W.P.(C).26806/2012 is filed challenging Ext.P6 order

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passed by the 2^nd respondent suspending the petitioner from service. W.P.(C).No.27671/2012 is filed challenging Ext.P11 order reinstating the petitioner to the post of Chemist. Ext.P11 order is challenged to the extent of posting the petitioner as Shift Supervisor (Higher Grade). The dispute raised are matters to be raised before the Co-operative Arbitration Court by filing appropriate petition under Section 69 of the Act.

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Learned Counsel for the petitioner submits that the petitioner had already approached the Co-operative Arbitration Court

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and the matter is under consideration by the Co-operative Arbitration Court.

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In the circumstances, I decline the jurisdiction and dismiss the writ petitions without prejudice to the right of the petitioner to

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-2-

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W.P.(C).Nos.26806 & 27671/2012

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pursue his remedy before the appropriate Forum. The Cooperative Arbitration Court shall consider and dispose of the arbitration case, as expeditiously as possible.

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HARUN-UL-RASHID, JUDGE.

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kcv.

Xavier Thomas v. Managing Director, Kaduthuruthy Co-Op.Rubber Marketing Processing

Case brief

What is this about?

What did the court decide?

Xavier Thomas v. Managing Director, Kaduthuruthy Co-Op.Rubber Marketing Processing

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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