Allowed

Quilon Dist.Homeopathic Co-Operative Hos v. G.Anilkumar

Kerala HC27 May 2016WP(C)/21584/2009

Case brief

AI extract

What is this about?

The High Court allowed the writ petition, holding that jurisdiction issues regarding service disputes are covered by a prior Full Bench decision. The court granted the respondent one month to approach the appropriate forum under Section 69 of the Kerala Co-operative Societies Act, keeping questions on merits open.

What did the court decide?

Allowed the writ petition; granted the respondent one month's time to approach the appropriate forum under Section 69; left all questions on merits open.

Quilon Dist.Homeopathic Co-Operative Hos Vs G.Anilkumar — Cooperative Societies | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

FRIDAY, THE 27TH DAY OF MAY 2016/6TH JYAISHTA, 1938

¶5

WP(C).No. 21584 of 2009 (P)

¶6

---------------------------ID. NO.3/2008 OF LABOUR COURT, KOLLAM.

¶7

PETITIONER(S):

¶8

QUILON DISTRICT HOMEOPATHIC CO-OPERATIVE HOSPITAL SOCIETY LTD. NO.Q 932, MUNICIPAL BUILDING, CHINNAKKADA, KOLLAM, REP. BY ITS PRESIDENT - SOMANADHAN.

¶9

BY ADV. SRI.K.ABDUL JAWAD.

¶10

RESPONDENT(S):

¶11

G. ANILKUMAR, CHENNAYIL HOUSE, PUNNATHALA, THIRUMULLAVARAM, KOLLAM.

¶12

BY ADV. SRI.B.SURESH KUMAR.

¶13

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶14

rs.

¶15

WP(C).No. 21584 of 2009 (P)

¶16

APPENDIX

¶17

PETITIONER'S EXHIBITS:-

¶18

EXT.P1	COPY OF THE ORDER DATED 03/02/2004 PASSED BY THE DISTRICT HOMEOPATHIC CO-OPERATIVE HOSPITAL SOCIETY.
EXT.P2A	COPY OF THE APPLICATION DATED 12/09/2003 BY THE RESPONDENT.
EXT.P2B	COPY OF THE APPLICATION DATED 10/10/2003 BY THE RESPONDENT.
EXT.P2C	COPY OF THE APPLICATION DATED 11/11/2004 BY THE RESPONDENT.
EXT.P2D	COPY OF THE APPLICATION DATED 11/02/2004 BY THE RESPONDENT.
EXT.P2E	COPY OF THE MEDICAL CERTIFICATE DATED 11/09/2003.
EXT.P3	COPY OF THE COMMUNICATION DATED 11/03/2004 WHICH IS SENT BY REGISTERED POST.
EXT.P4	COPY OF THE NOTICE DATED 07/08/2004 BY ADV. E. SHANAVAS KHAN.
EXT.P5	COPY OF THE DECISION DATED 11/10/2004 SENT TO THE RESPONDENT BY REGISTERED POST.
EXT.P6	COPY OF THE COMMUNICATION ISSUED BY THE PETITIONER ON 22/12/2004.
EXT.P7	COPY OF THE STATEMENT IN ID. NO.3/2008 BEFORE THE LABOUR COURT, KOLLAM BY THE PETITIONER.
EXT.P8	COPY OF THE APPLICATION DATED 25/03/2004 BEFORE THE LABOUR COURT.
EXT.P9	COPY OF THE APPLICATION DATED 04/07/2004 BY THE RESPONDENT.
EXT.P10	COPY OF THE REPRESENTATION DATED 12/08/2004.
EXT.P11	COPY OF THE APPLICATION DATED 15/09/2004 BY THE PETITIONER.
EXT.P12	COPY OF THE WRITTEN STATEMENT DATED 04/08/2008 BEFORE THE LABOUR COURT, KOLLAM.
EXT.P13	COPY OF THE AWARD PASSED ON 07/04/2009 IN I.D. NO.3/2008 PASSED BY THE LABOUR COURT, KOLLAM. ....2/-

¶19

WP(C).No. 21584 of 2009 (P)

¶20

EXT.P14A COPY OF THE MINUTES DATED 23/07/2004 OF PETITIONER SOCIETY.

¶21

EXT.P14B COPY OF THE MINUTES DATED 09/10/2004 OF PETITIONER SOCIETY.

¶22

EXT.P15A COPY OF THE DEPOSITION OF THE RESPONDENT DATED 07/02/2009 BEFORE THE LABOUR COURT, KOLLAM.

¶23

EXT.P15B COPY OF THE DEPOSITION OF THE SRI.P. SOMANADHAN DATED 16/02/2009 BEFORE THE LABOUR COURT, KOLLAM.

¶24

RESPONDENT'S EXHIBITS:- NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

ANU SIVARAMAN, J.

¶29

W.P(C).No. 21584 of 2009

¶30

Dated this the 27^th May, 2016

¶31

JUDGMENT

¶32

Heard learned counsel for the petitioner and the learned counsel appearing for the respondent.

¶33

It is submitted by learned counsel for the petitioner that the question raised in the writ petition with regard to jurisdiction of the Labour Court in respect of service dispute between an employee of a Society and the Society stands covered by a Full Bench decision of this Court reported in Chirayankeezhu Service Co-operative Society Ltd. v. Santhosh [2015(4) KLT 163 (FB)] in favour of the petitioner.

¶34

In the above circumstances, in view of the decision cited above, this writ petition is allowed. The learned counsel appearing for the respondent seeks one month's time to approach the appropriate forum under Section 69 of the Kerala Co-operative Societies Act. Time is granted as sought for. All questions on merits are left open. In case the respondent takes recourse to remedies under Section 69 of the Kerala Co-operative Societies Act, the appropriate forum shall consider the contentions untrammelled by the observations contained in the award impugned.

¶35

ANU SIVARAMAN

¶36

vgs27/5

Quilon Dist.Homeopathic Co-Operative Hos v. G.Anilkumar

Case brief

What is this about?

What did the court decide?

Quilon Dist.Homeopathic Co-Operative Hos v. G.Anilkumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

C.M.Shajahan Vs State of Kerala

Mg.Director, Ktdc Vs M.Krishnankutty Nair

Paulose Abraham Vs Kerala Water Authority

Supriya Rani G. Vs State of Kerala

Kerla Muncipal Corporation Thozhilali We Vs Corporation of Thiruvananthapuram

T.C.Joshy Vs Indian Aluminium Company Ltd.