Disposed

C. Dileep v. the Co-Operative Arbitration Court

Kerala HC17 Jul 2018WP(C)/7904/2018

Case brief

AI extract

What is this about?

Petitioner sought re-transfer of an industrial dispute to the Industrial Tribunal after the Cooperative Arbitration Court exercised jurisdiction. The High Court disposed of the Writ Petition, holding the matter must be transferred back to the Industrial Tribunal, Idukki.

What did the court decide?

Order directing the 1st Respondent to transfer the matter to the Industrial Tribunal, Idukki.

C. Dileep Vs the Co-Operative Arbitration Court — Writ and Judicial Review | 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 DAMA SESHADRI NAIDU

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TUESDAY, THE 17TH DAY OF JULY 2018 / 26TH ASHADHA, 1940

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WP(C).No. 7904 of 2018

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PETITIONER(S):

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C. DILEEP, S/O.M.R.CHANDRASEKHARAN NAIR, AGED 40, ELAMKULATHU HOUSE, KUMARANALLOOR, KOTTAYAM.

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BY ADVS.SRI.C.S.MANILAL SRI.S.NIDHEESH

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RESPONDENT(S):

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THE CO-OPERATIVE ARBITRATION COURT, TRIVANDRUM-695 001.

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THE KOTTAYAM CO-OPERATIVE URBAN BANK,

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HEAD OFFICE, THIRUNAKKARA, KOTTAYAM, REPRESENTED BY THE GENERAL MANAGER, KOTTAYAM-686 001.

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THE STATE OF KERALA,

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REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, TRIVANDRUM-695 001.

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R2 BY ADV. SRI.SURIN GEORGE IYPE,SC,CO.URB.BANK,KOTTAYAM R1 & R2 BY SMT.THUSHARA JAMES, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 7904 of 2018 (K)

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APPENDIX

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PETITIONER(S)' EXHIBITS:

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EXHIBIT P1- TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/1998.

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EXHIBIT P2- TRUE COPY OF THE CONFORMATION ORDER DATED 29/06/1999.

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EXHIBIT P3- TRUE COPY OF THE TRANSFER ORDER DATED 14/08/2008. EXHIBIT P4- TRUE COPY OF THE ORDER DATED 13/03/2009. EXHIBIT P5- TRUE COPY OF THE AWARD DATED 25/11/2015.

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EXHIBIT P6- TRUE COPY OF THE JUDGMENT IN WP(C)18919/17 DATED 12/06/2017.

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RESPONDENT'S EXHIBITS: NIL

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True Copy

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P.A to Judge

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DAMA SESHADRI NAIDU, J.

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================================

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W.P.(C). No.7904 of 2018

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===================================

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Dated this the 17^th day of July, 2018

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JUDGMENT

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The petitioner, after dismissal from service by the 2^nd respondent bank, raised an industrial dispute. When was pending before the Industrial Tribunal, Idukki, this Court, through a larger Bench judgment, held that the Tribunal had no jurisdiction, as is reported in Chirayinkeezhu Co-operative Bank v. Santhosh¹ . In appeal, the Supreme Court reversed this judgment through Annamma v. Cochin Co-Operative Hospital Society Limited² . In the meanwhile, the petitioner's dispute was transferred from the Tribunal to the 1^st respondent, under Section 6(9) of the Kerala CoOpertive Societies Act.

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Now, given presidential position, the petitioner in this

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Writ Petition seeks re-transfer of the matter to the

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1 2015(4)KLT 163

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2 2018(1)KLT 414

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W.P.(C). No. 7904 of 2018

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-2-

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Tribunal.

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Both the learned counsel aggrieved that the matter

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needs to be heard by the Tribunal.

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I, therefore, dispose of the Writ Petition, holding that the 1^st respondent will transfer the matter to the Industrial Tribunal, Idukki.

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Sd/-

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DAMA SESHADRI NAIDU

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JUDGE

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C. Dileep v. the Co-Operative Arbitration Court

Case brief

What is this about?

What did the court decide?

C. Dileep v. the Co-Operative Arbitration Court

Case brief

What is this about?

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