Dismissed

Adichanalloor Farmers Service Co-Operative Bank LTD.NO.2609 v. State of Kerala

Kerala HC23 Jul 2018WA/1413/2018

Case brief

AI extract

What is this about?

This writ appeal by the Adichanalloor Farmers Service Co-operative Bank Ltd. was dismissed. The High Court held that the findings of the lower authorities establishing the third respondent as a part-time sweeper were well-supported by evidence and there was no error in the impugned judgment.

What did the court decide?

The writ appeal was dismissed, affirming the lower authorities' finding that the third respondent was a part-time sweeper entitled to wages.

Adichanalloor Farmers Service Co-Operative Bank… — Company and Corporate | Kerala HC (2018)

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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 V.CHITAMBARESH

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THE HONOURABLE MR. JUSTICE SATHISH NINAN

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MONDAY, THE 23RD DAY OF JULY 2018 / 1ST SRAVANA, 1940

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WA.No. 1413 of 2018 IN WPC. 38339/2017

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AGAINST THE JUDGMENT IN WP(C) 38339/2017 of HIGH COURT OF KERALA DATED 20-03-2018

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APPELLANTS/PETITIONERS

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1 ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD.NO.2609, ADICHANALLOOR P.O, KOLLAM, PIN-691573, REP. BY ITS MANAGING DIRECTOR IN-CHARAGE, G.SHAJI KUMAR, AGED 47 YEARS,

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S/O.GOPINATHAN ACHARY, RESIDING AT SHAJI NIVAS, PLAKKADU,

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ADICHANALLOOR P.O, KOLLAM- 691573.

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2 THE BOARD OF DIRECTORS,

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ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK

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LTD.NO.2609,

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ADICHANALLOOR P.O, KOLLAM, PIN-691573, REP. BY ITS PRESIDENT K. NAZARUDEEN, AGED 52 YEARS, S/O KASSIN KUNJU, RESIDING AT NEDIYAZHIKAM, KUNDUMEN, ADICHANALLOOR P.O, KOLLAM691573.

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BY ADVS.SMT.S.SINDHU

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SRI.A.D.SHAJAN

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RESPONDENTS/RESPONDENTS:

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STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

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THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),COLLECTORATE, KOLLAM, PIN -691001.

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SMT. C. LEELA, W/O NARAYANAN, MAMBAZHATH VEEDU, ADICHANALLOOR P.O, PIN-691-573.

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THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM, PIN-695001.

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BY SR. GOVERNMENT PLEADER SMT.K.R.DEEPA BY SRI.P.N.MOHANAN

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 23-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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V. CHITAMBARESH & SATHISH NINAN, JJ.

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= = = = = = = = = = = = = = = = = = W. A. No.1413 of 2018

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= = = = = = = = = = = = = = = = = = Dated this the 23^rd day of July, 2018

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J U D G M E N T

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Sathish Ninan, J.

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The claim for wages by the third respondent, as a part-time sweeper of the appellant Society was denied by the appellant contending that the third respondent was not an employee under them. The Co-operative Arbitration Court as per Ext.P7 award held that the third respondent was a part-time sweeper of the Society and directed payment of wages. The order was affirmed in appeal by the Cooperative Tribunal as per Ext.P8 order. The challenge against the same before the learned single Judge turned futile. Hence this writ appeal by the Society.

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As noticed supra, the very status of the third respondent as an employee under the appellant

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W. A. No.1413 of 2018

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:- 2 :-

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was challenged. The authorities found that the records reveal payment of monthly expenses for cleaning the premises and that the entry in the day book and records which bore the name of the third respondent “C.Leela” was seen corrected as “K.Leelamma”. It was noticed that DW1, the Secretary of the Society, could not explain the identity of the said Leelamma and it was brought out that there was no Peon or Sweeper under the said name. On the available materials the fact finding authorities found that the third respondent was a part-time sweeper under the appellant. Within the limited sphere of interference under Article 226 of the Constitution of India, the learned single Judge has also proceeded to consider the acceptability of the finding of facts by the authorities. No material was found to dislodge the findings made by the authorities. The conclusions arrived at are justified and legal. We do not find

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W. A. No.1413 of 2018 :- 3 :-

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any error in the judgment impugned.

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The writ appeal fails and is accordingly dismissed.

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Sd/V. CHITAMBARESH JUDGE

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Sd/SATHISH NINAN JUDGE

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kns/-

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//True Copy//

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P.S. to Judge

Adichanalloor Farmers Service Co-Operative Bank LTD.NO.2609 v. State of Kerala

Case brief

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Adichanalloor Farmers Service Co-Operative Bank LTD.NO.2609 v. State of Kerala

Case brief

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