Allowed

Channanikkadu Kasheerloadaka Co-Op. v. K.C.Rajappan

Kerala HC1 Jun 2016WP(C)/9319/2005

Case brief

AI extract

What is this about?

The High Court at Ernakulam allowed a writ petition challenging an order directing payment of subsistence allowance to a society secretary. Following a precedent, the court held that a society secretary is not an employee under the Act and set aside the impugned order.

What did the court decide?

The impugned order directing payment of subsistence allowance to the first respondent is set aside. No costs.

Channanikkadu Kasheerloadaka Co-Op. Vs… — Pension and Retirement Benefits | 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 K.VINOD CHANDRAN

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WEDNESDAY, THE 1ST DAY OF JUNE 2016/11TH JYAISHTA, 1938

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W.P(C).No.9319 of 2005 (H)

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PETITIONER(S):-

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THE CHANNANIKKADU KSHEEROLPADAKA

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CO-OPERATIVE SOCIETY LTD.NO.K.34(D)APCOS,

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REPRESENTED BY ITS PRESIDENT, OFFICE OF THE CHANNANIKKADU KSHEEROLPADAKA SOCIETY, CHANNINIKKADU P.O., KOTTAYAM.

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BY ADV. SRI.LIJI.J.VADAKEDOM.

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RESPONDENT(S):-

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1. K.C.RAJAPPAN, KUTTICKAL THOPPIL HOUSE, KUZHIMATTOM P.O., KOTTAYAM.

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2. DEPUTY LABOUR OFFICER

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(INSPECTOR OF AGRICULTURE-LABOUR), DISTRICT LABOUR OFFICE, KOTTAYAM.

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3. DEPUTY LABOUR COMMISSIONER, (AUTHORITY UNDER SEC.6 OF THE KERALA PAYMENT OF SUBSISTENCE ALLOWANCE ACT, 1972) OFFICE OF THE DEPUTY LABOUR COMMISSIONER, KOTTAYAM.

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R2 & R3 BY SR. GOVERNMENT PLEADER SRI.MANOJ P.KUNJACHAN.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

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W.P.(C) NO.9319 OF 2005-H

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	TRUE COPY OF THE PETITION DT.20.08.2004 BY THE 1ST RESPONDENT BEFORE THE 2ND RESPONDENT.
EXT.P2	TRUE COPY OF THE COMMUNICATION ISSUED BY 2ND RESPONDENT SCHEDULING THE HEARING ON EXHIBIT P1 PETITION ON 18.11.2004.
EXT.P3	TRUE COPY OF THE STATEMENT OF OBJECTION DATED 8.12.04 TO EXHIBIT P1 PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXT.P4	TRUE COPY OF THE REPLY SRTATEMENT DATED 29.12.2004 FILED BY THE APPLICANT/1ST RESPONDENT AGAINST P3-STATEMENT OF OBJECTION.
EXT.P5	TRUE COPY OF THE ORDER NO.B.517/04 DT.29.1.2005 PASSED BY THE 3RD RESPONDENT.

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RESPONDENT'S EXHIBITS:-

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----------------------- NIL

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vku/[ true copy ]

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K. Vinod Chandran, J

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W.P.(C) No.9319 of 2005-H

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Dated this the 01^st day of June, 2016

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JUDGMENT

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The petitioner, a Society, is aggrieved by the order passed at Exhibit P5. Exhibit P5 is an order passed under the Kerala Payment of Subsistence Allowance Act, 1972 [hereinafter referred to as “the Subsistence Allowance Act”], directing payment of subsistence allowance to the 1^st respondent herein.

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The 1^st respondent had initiated a proceeding as per

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Exhibit P1. A reading of Exhibit P1 would indicate that the 1^st respondent was employed as the Secretary of the petitioner-Society. The ground raised by the petitioner-Society is that the 1^st respondent being the Secretary of the Society, cannot be an employee as defined under the Subsistence Allowance Act. Reliance is placed on the decision

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in Shertallai Taluk Co-op. Land Mortgage Bank Ltd. v. Deputy Labour Commissioner [1990 (2) KLT 175]. Following the aforesaid Division Bench decision of this Court, the impugned order is set aside.

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Writ petition allowed. No costs.

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Sd/- K.Vinod Chandran Judge.

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Vku/-

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[ true copy ]

Channanikkadu Kasheerloadaka Co-Op. v. K.C.Rajappan

Case brief

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Channanikkadu Kasheerloadaka Co-Op. v. K.C.Rajappan

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