Partly allowed

Chorode Service Co-Operative Bank Ltd. v. the Authority Under the Kerala Payment

Kerala HC3 Nov 2016WP(C)/32371/2010

Case brief

AI extract

What is this about?

The Court set aside an order passed under the Kerala Payment of Subsistence Allowance Act, 1972, by the Deputy Labour Commissioner, finding it vitiated by bias as the officer had previously acted as a conciliation officer in the same matter.

What did the court decide?

Ext.P6 set aside the order passed by the Deputy Labour Commissioner; the matter is to be reconsidered afresh by a competent officer.

Chorode Service Co-Operative Bank Ltd. Vs the… — 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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THURSDAY, THE 3RD DAY OF NOVEMBER 2016/12TH KARTHIKA, 1938

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WP(C).No. 32371 of 2010 (V)

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PETITIONER :

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CHORODE SERVICE CO-OPERATIVE BANK LTD., P.O.CHORODE, VATAKARA, REPRESENTED BY ITS SECRETARY.

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BY ADVS.SMT.A.K.PREETHA SRI.C.ANIL KUMAR

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RESPONDENT(S):

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1. THE AUTHORITY UNDER THE KERALA PAYMENT OF SUBSISTENCE ALLOWANCE ACT, 1972, (DEPUTY LABOUR COMMISSIONER), OFFICE OF DEPUTY LABOUR COMMISSIONER, KOZHIKODE - 675 001.

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2. M.PRABHAKARAN, MATHATH HOUSE, MUTTUNGAL WEST POST, VATAKARA, PIN - 675 002.

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R1 BY GOVERNMENT PLEADER SMT. POOJA SURENDRAN R2 BY ADVS. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).NO.32371/2010

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APPENDIX

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PETITIONER'S EXHIBITS:

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P1 COPY OF THE APPLICATION SUBMITTED BY THE 2ND RESPONDENT BEFORE THE SECRETARY OF THE PETITIONER BANK DATED 29/11/2005

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P2 COPY OF THE APPLICATION DATED 27/6/2006 FILED BY THE 2ND RESPONDENT

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P3 COPY OF THE NOTICE ISSUED BY THE DEPUTY LABOUR OFFICER DATED 31/7/2006

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P4 COPY OF THE EXPLANATION FILED BY THE PETITIONER BEFORE THE DEPUTY LABOUR OFFICER DATED 8/8/2006

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P5 COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER IN S.A.C. 2/2006.

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P6 COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT DATED 9/9/2010

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

A. MUHAMED MUSTAQUE, J.

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W.P.(C) No. 32371 of 2010

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Dated this the 3^rd day of November, 2016

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J U D G M E N T

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1.This writ petition is filed challenging Ext.P6 order

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passed under Section 4 of the Kerala Payment of Subsistence Allowance Act, 1972, in an application filed by the 2^nd respondent for recovery and payment of an amount of 51,669/- towards subsistence allowance.₹

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2.Ext.P6 order is passed by the Deputy Labour Commissioner, Sri.V.Gireesh Kumar. The main contention raised in the writ petition, apart from merits, is that Sri.V.Gireesh Kumar, the Deputy Labour Commissioner, was a conciliation officer, who conducted an enquiry and filed a report in the matter. Thereafter, he was promoted as Deputy Labour Commissioner.

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3.In the above circumstances, this Court is of the view that the impugned order has to be set aside as Ext.P6

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W.P.(C) No. 32371 of 2010

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is vitiated on bias of a report of his own as a conciliation officer. Accordingly, the writ petition is disposed of as follows;

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Ext.P6 is set aside.

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The present Deputy Labour Commissioner shall reconsider the matter afresh.

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• If the same officer (Sri.V.Gireesh Kumar) is holding the office of the Deputy Labour Commissioner, it is appropriate that he shall make a request before the competent authority to transfer the application to some other competent officer.

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Sd/- A. MUHAMED MUSTAQUE JUDGE

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bka/-

Chorode Service Co-Operative Bank Ltd. v. the Authority Under the Kerala Payment

Case brief

What is this about?

What did the court decide?

Chorode Service Co-Operative Bank Ltd. v. the Authority Under the Kerala Payment

Case brief

What is this about?

What did the court decide?

What the court decided

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