Petitioner clerk sought writ relief regarding withheld salary. Court held the dispute falls under Kerala Co-operative Societies Act and requires statutory remedy, dismissing the writ petition.
Petitioner directed to work out remedies under Kerala Co-operative Societies Act, 1969.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.HARILAL
TUESDAY, THE 17TH DAY OF NOVEMBER 2015/26TH KARTHIKA, 1937 WP(C).No. 23195 of 2014 (Y) ----------------------------
PETITIONER(S):
---------------
SUSEELA E.R., CLERK (H.G.), IDUKKI DISTRICT MINI INDUSTRIAL ESTATE (SERVICE) CO-OP. SOCIETY LTD., NO.S. IND(1)10, CHERUTHONI, IDUKKI DISTRICT.
BY ADVS.SRI.C.M.SURESH BABU SRI.P.N.MOHANAN
RESPONDENT(S)/RESPONDENTS:-
---------------------------
1. IDUKKI DISTRICT MINI INDUSTRIAL ESTATE (SERVICE) CO-OP.SOCIETY LTD., NO.S. IND(1)10, DISTRICT INDUSTRIES CENTRE, CHERUTHONI, IDUKKI DISTRICT, REPRESENTED BY ITS MANAGING DIRECTOR.
2. THE ADMINISTRATOR, IDUKKI DISTRICT MINI INDUSTRIAL ESTATE (SERVICE) CO-OP.SOCIETY LTD. NO.S. IND(1)10 , DISTRICT INDUSTRIES CENTRE, CHERUTHONI, IDUKKI DISTRICT.
3. GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, CHERUTHONI, IDUKKI.
4. DIRECTOR OF INDUSTRIES AND COMMERCE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 001.
5. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
R1 & R2 BY ADV. SRI.ANIL SIVARAMAN R3 & R4 BY GOVERNMENT PLEADER SRI. T.J. MICHAEL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 23195 of 2014 (Y)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1. TRUE COPY OF REPRESENTATION DATED 08.01.2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P2. TRUE COPY OF COMMUNICATION NO.E/01/2012 DATED 08.01.2014 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P3. TRUE COPY OF THE REPRESENTATION DATED 18.02.2014 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXHIBIT P4. TRUE COPY OF THE MINUTES OF THE SPECIAL GENERAL BODY MEETING OF THE SOCIETY HELD ON 05.12.2013.
EXHIBIT P5. TRUE COPY OF REPRESENTATION DATED 25.06.2014 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.
EXHIBIT P6. TRUE COPY OF THE COMMUNICATION NO.B5/2764/12 DATED 31.07.2014 SENT BY THE 3RD RESPONDENT.
EXHIBIT P7. TRUE COPY OF THE ORDER NO.MIE/07/2012 DATED 24.06.2013 OF THE MANAGING DIRECTOR, KOZHIKODE DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETIES.
EXHIBIT P8. TRUE COPY OF LETTER DATED 30.07.2014 SENT BY THE MANAGING DIRECTOR OF THE KOTTAYAM DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD. TO THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS
EXT.R1(a) - TRUE COPY OF G.O.(MS) NO.61/2001/ID DATED 24/3/2001 ISSUED BY THE INDUSTRIES (C) DEPARTMENT.
EXT.R1(b) - TRUE COPY OF THE LETTER NO.B/852/12 DATED 28/3/2012 SENT BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, IDUKKI TO THE 1ST RESPONDENT.
EXT.R1(C) - TRUE COPY OF U.O. NOTE NO.M.I.E/M.D/01/2012 DATED 14/5/2012 SENT BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, IDUKKI.
EXT.R1(d) - TRUE COPY OF THE COMPLAINT DATED 5/12/2013 SUBMITTED BY K.J. ANTONY TO THE GENERAL MANAGER (FUNCTIONAL REGISTRAR) DISTRICT INDUSTRIES CENTRE, CHERUTHONY.
EXT.R1(e) - TRUE COPY OF THE MINUTES HELD ON 5/12/2013 BY THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, IDUKKI.
//true copy//
P.S. to Judge
K. HARILAL, J.
W.P. (C) No.23195 of 2014-Y
-----------------------------------------------------Dated this the 17th day of November, 2015
JUDGMENT
The petitioner is working as Clerk (Higher Grade) in the 1st respondent Idukki District Mini Industrial Estate (Service) Co-operative Society. The grievance projected in this writ petition is that the salary of the petitioner from September, 2013 onwards has been withheld by the respondents 1 to 3 for the reason that the petitioner refused to give a consent letter undertaking that she is prepared to continue as an employee of the Society for a consolidated salary of 10,000/- per month instead of the present salary of 25,126/-.
W.P. (C) No.23195 of 2014 -: 2 :-
under 'dispute' referred to in Sec.69(2)(d) of the Kerala Co-operative Societies Act, 1969 for which a statutory remedy is provided under law. This Court is not sitting in resolution of a disputed fact.
With the above liberty, this writ petition will stand dismissed and this judgment will not stand in the way
of seeking statutory remedies provided under law.
Sd/-
(K. HARILAL, JUDGE)
Nan/
//true copy//
P.S. to Judge
1 issue framed by the court
Whether the High Court can intervene in a salary dispute between a petition employee and society respondents.
SUSEELA E.R.
IDUKKI DISTRICT MINI INDUSTRIAL ESTATE (SERVICE) CO-OP.SOCIETY LTD.
K.HARILAL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
