Reliance Security Agency v. Gopalankutty Kurupu
Case brief
What is this about?
This writ petition challenged the order of the Labour Court adjudicating overtime claims under Section 33C(2) of the Industrial Disputes Act. The court held that under Section 33C(2), an established right is a precondition, making an adjudication on existence of claim improper. Consequently, the order was set aside.
What did the court decide?
The appeal was allowed and the Labour Court order under Ext.P18 was set aside.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
MONDAY, THE 20TH DAY OF JUNE 2016/30TH JYAISHTA, 1938
WP(C).No. 15526 of 2005 (W)
PETITIONER(S):
RESPONDENT ---------- |
RELIANCE SECURITY AGENCY, `PREM BUILDING', KARUNAGAPPALLY, KOLLAM-690518,, REPRESENTED BY ITS MANAGING PARTNER,T.K.SAMBASIVAN BY ADVS.SRI.B.S.KRISHNAN (SR.) SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN (S): ---- |
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| 1. GOPALANKUTTY KURUPU, S/O. APPU NAIR, PUTHIYUTTIL HOUSE, PANTHEERANKAVU P.O.,, CALICUT-673019. |
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| 2. JOHN ABRAHAM, S/O. KOSHY ABRAHAM, THUNDIYIL HOUSE, KURUVA, P.O. MAKKARAPARAMBA,, MALAPPURAM DISTRICT. |
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| 3. P.P.UMMER, S/O. LATE P. SAYED, MUTTIPALAM, MANJERI P.O. |
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| 4. C. BALAKRISHNAN, S/O. LATE C.VELU, CHEMBRA HOUSE, P.O. THURAKKAL, MALAPPURAM-673 638. |
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| 5. K.CHANDRAN, S/O. LATE VELUNNI, KUNNATHU HOUSE, CHEKKODE P.O., VAZHAKKAD (VIA),, MALAPPURAM DISTRICT. |
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| 6. P.MOHAMMAD, S/O. ANNIKUTTY, NELLIKUNNUMMAL HOUSE, MUDHUVALLUR P.O., KONDOTTY. |
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| 7. K.ABDUL GAFOOR, S/O. LATE MOHAMMED, KARUTHEDATH HOUSE, P.O. PULIKKAL,MALAPPURAM-673637 |
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| 8. MOHAMMADALI, MANKARATHODU HOUSE, PATTARKADAVU, MALAPPURAM. |
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| 9. AIRPORT DIRECTOR, NATIONAL AIRPORT AUTHORITY, KARIPPUR AIRPORT,, CALICUT. |
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| 10. LABOUR COURT, KOZHIKODE. | |
| R,R9 BY ADV. SRI.N.N.SUGUNAPALAN, SC, CALICUT AIRPOR R,R9 BY ADV. SRI.S.SUJIN R,R1TOR7 BY ADV. SRI.P.CHANDRASEKHAR R,R8 BY ADV. SRI.LIJI.J.VADAKEDOM R,R8 BY ADV. SMT.MEERA GOPINATH |
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| THIS WRIT THE COURT |
PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-06-2016, ON THE SAME DAY DELIVERED THE FOLLOWING: |
Issues for consideration
3 issues framed by the court
Whether the Labour Court can adjudicate upon the existence of an overtime claim under Section 33C(2) of the Industrial Disputes Act, 1947 without a prior reference for dispute.
Whether the respondent contractors have an established right to overtime wages commensurate with the procedure under Section 33C(2).
Whether the impugned order of the Labour Court should be set aside due to jurisdictional error.
Parties & counsel
- petitioner
GOPALANKUTTY KURUPU
- respondent
RELIANCE SECURITY AGENCY
- respondent
NATIONAL AIRPORT AUTHORITY
- respondent
LABOUR COURT, KOZHIKODE
Coram
Case details
As recorded by the court registry
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