Quashed

Thazhava Central Ksheerolpadaka Sahakara v. Suresh Kumar

Kerala HC22 Nov 2016WP(C)/25803/2008

Case brief

AI extract

What is this about?

Writ petition by a cooperative society challenging a Labour Court award. Court held labour court lacks jurisdiction citing larger bench decision, quashing proceedings. Employee must approach competent authority under Section 69 of Kerala Cooperative Societies Act, 1969.

What did the court decide?

Competent authority under Section 69 of Kerala Cooperative Societies Act, 1969 shall consider the claim within four months from date of filing.

Thazhava Central Ksheerolpadaka Sahakara Vs… — Labour and Industrial Disputes | Kerala HC (2016)

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 22ND DAY OF NOVEMBER 2016/1ST AGRAHAYANA, 1938

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WP(C).No. 25803 of 2008 (V)

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PETITIONER(S) :

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THAZHAVA CENTRAL KSHEEROLPADAKA SAHAKARANA SANGHAM (LTD). Q.134(D)(APCOS), MYNAGAPPALLY NORTH P.O., KOLLAM, REPRESENTED BY ITS PRESIDENT.

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BY ADV. SRI.LEO GEORGE

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RESPONDENT(S) :

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1. SURESH KUMAR, KALLAYIL HOUSE, NORTH EAST THAZHAVA, MYNAGAPPALLY P.O.

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2. THE LABOUR COURT, KOLLAM.

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R1 BY ADV. SRI.D.KISHORE R2 BY SR. GOVERNMENT PLEADER SRI. M.V.ANANDAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd.

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WP(C).No. 25803 of 2008 (V)

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APPENDIX

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PETITIONER(S)' EXHIBITS :

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EXHIBIT P1: TRUE COPY OF THE NOTICE ISSUED BY THE SOCIETY TO THE WORKMAN DATED 09.10.2005.

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EXHIBIT P2: TRUE COPY OF THE REPORT OF THE DOMESTIC ENQUIRY IN CONNECTION WITH THE ALLEGATIONS LEVELED AGAINST THE FIRST RESPONDENT DATED 15.02.2006.

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EXHIBIT P3: TRUE COPY OF THE COMMUNICATION ISSUED BY THE SOCIETY TO THE WORKMAN DATED 01.03.2006.

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EXHIBIT P4: TRUE COPY OF THE STATEMENT FILED BY THE WORKMAN IN I.D.NO. 24/2007 DATED 24.09.2007.

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EXHIBIT P5: TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN I.D.NO. 24/2007 BEFORE THE LABOUR COURT, KOLLAM DATED 29.10.2007.

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EXHIBIT P6: TRUE COPY OF THE PETITION FILED BY THE PETITIONER IN I.D.NO. 24/2007 BEFORE THE LABOUR COURT, KOLLAM DATED 04.12.2007.

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EXHIBIT P7: TRUE COPY OF THE PRELIMINARY ORDER PASSED BY THE LABOUR COURT, KOLLAM IN I.D.NO. 24/2007 DATED 31.12.2007.

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EXHIBIT P8: TRUE COPY OF THE AWARD PASSED BY THE LABOUR COURT, KOLLAM IN I.D.NO. 24/2007 DATED 09.06.2008.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE.

Msd.

A.MUHAMED MUSTAQUE, J. ~~~~~~~~~~~~~~~~~~~~~~~~~

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W.P.(C).No.25803 of 2008

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~~~~~~~~~~~~~~~~~~~~~~~~~

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Dated this the 22^nd day of November, 2016

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J U D G M E N T

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This writ petition is filed by a co-operative society challenging an award passed by the labour court adjudicating a dispute between the cooperative society and its employee/first respondent. In the light of the larger bench decision of this court in Chirayinkeezhu Service Cooperative Bank Ltd. v. Santhosh [2015 (4) KLT 163 (L.B.)], the labour court has no jurisdiction to adjudicate the dispute between the Co-operative bank and its employees. Therefore, the entire proceedings in I.D.No.24/2007 is quashed and set aside. However, if the first respondent approaches the competent authority under Section 69 of the Kerala Cooperative Societies Act, 1969 certainly, the competent authority shall consider the claim of the first respondent after hearing the first respondent and the petitioner within a period of four months from the date of filing such claim. The writ petition is disposed of as above. No costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Thazhava Central Ksheerolpadaka Sahakara v. Suresh Kumar

Case brief

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Thazhava Central Ksheerolpadaka Sahakara v. Suresh Kumar

Case brief

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