Quashed

The Taliparamba Co-Operative Building Society v. C.Nalini

Kerala HC21 Oct 2016WP(C)/26935/2016

Case brief

AI extract

What is this about?

The High Court of Kerala set aside an order by the Labour Court holding that it lacks jurisdiction to adjudicate a dispute between an employee and a Co-operative Society, citing a larger bench decision.

What did the court decide?

Ext.P1 (Labour Court order) set aside. First respondent directed to approach competent authority under Section 69 of Co-operative Societies Act.

The Taliparamba Co-Operative Building Society Vs… — Service and Employment | 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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FRIDAY, THE 21ST DAY OF OCTOBER 2016/29TH ASWINA, 1938

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WP(C).No. 26935 of 2016 (N)

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PETITIONER(S):

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THE TALIPARAMBA CO-OPERATIVE BUILDING SOCIETY REPRESENTED BY THE PRESIDENT TALIPARAMBA P.O., TALIPARAMBA TALUK, KANNUR DISTRICT, PIN- 670 141.

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BY ADVS.SRI.C.A.JOSEPH SRI.K.K.MOIDEEN

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RESPONDENT(S):

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1. C.NALINI, ,NALINM, THRICHAMBARAM, NEAR KUTTIMAVU P.O., TALIPARAMBA. KANNUR DISTRICT. PIN- 670 141.

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2. THE LABOUR COURT,

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KANNUR. PIN- 670 001.

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R1 BY ADVS. SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH

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R2 BY GOVERNMENT PLEADER SRI.B. VINOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 26935 of 2016 (N)

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APPENDIX

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PETITIONER(S)' EXHIBITS -----------------------

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EXT. P1: TRUE COPY OF THE ORDER IN O.P. NO.28/2013 DATED 14.1.2013. RESPONDENT(S)' EXHIBITS : NIL.

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//TRUE COPY// P.A. TO JUDGE bp

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A. MUHAMED MUSTAQUE, J.

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W.P.(C) No. 26935 of 2016

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Dated this the 21^st day of October, 2016

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J U D G M E N T

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1.The petitioner, Taliparamba Co-operative Building

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Society, has approached this Court challenging Ext.P1 order of the Labour Court, Kannur.

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2.This Court is of the view that the dispute between an employee and Co-operative Society cannot be resolved by a Labour Court in view of the Larger Bench decision reported in 2015 (4) KLT 163 [ Chirayinkeezhu

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Service Co-operative Society v. K.Santhosh and

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another ]. The Labour Court order, as per Ext.P1, has to be set aside for reason of lack of jurisdiction.

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3.In such circumstances, Ext.P1 is set aside. However,

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the first respondent has the liberty to approach the competent authority under Section 69 of the Co-operative Societies Act. If the first respondent approaches the competent authority under Section 69

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W.P.(C) No. 26935 of 2016

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..2..

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of the Co-operative Societies Act, the same shall be disposed of within a period of four months. Needless to say that the petitioner shall also be heard before passing an order.

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4.The writ petition is disposed of accordingly.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

The Taliparamba Co-Operative Building Society v. C.Nalini

Case brief

What is this about?

What did the court decide?

The Taliparamba Co-Operative Building Society v. C.Nalini

Case brief

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