Dismissed

Mathews K.D. v. the Catholic Syrian Bank Ltd.

Kerala HC16 Jun 2022WP(C)/4855/2022

Case brief

AI extract

What is this about?

This single judge judgment dismisses a writ petition seeking execution of a Labour Court award regarding staff promotions and special allowances. The High Court held that as the Labour Court had already taken cognizance, approaching the Court for execution was a gross abuse of process.

What did the court decide?

The writ petition is dismissed as gross abuse of the process of the court.

Mathews K.D. Vs the Catholic Syrian Bank Ltd. — Pension and Retirement Benefits | Kerala HC (2022)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE AMIT RAWAL

¶4

THURSDAY, THE 16^TH DAY OF JUNE 2022 / 26TH JYAISHTA, 1944

¶5

WP(C) NO. 4855 OF 2022

¶6

PETITIONER:

¶7

MATHEWS K.D. AGED 60 YEARS S/O. DEVASSY K.M, KARIATTI VILLA, PARAVATTANI, CHRISTIAN STREET, P.O. JUBILEE MISSION, THRISSUR DISTRICT - 680005. BY ADVS. RAJIT MARY MANJU VINCENT RAMAKRISHNAN M.N.

¶8

RESPONDENTS:

¶9

1 THE CATHOLIC SYRIAN BANK LTD. REPRESENTED BY ITS MANAGING DIRECTOR, CSB BHAVAN, ST.MARY'S COLLEGE ROAD, THRISSUR - 680020 2 CATHOLIC SYRIAN BANK STAFF ASSOCIATION (REGD) REGD. OFFICE TRICHUR, P.B.NO. 114, 47, UNITY BUILDING, MANNADIAR LANE, TRICHUR - 680001. 3 THE CATHOLIC SYRIAN BANK STAFF FEDERATION (REGD), UDHAYA BUILDINGS, FLOOR NO. II, COLLEGE ROAD, THRISSUR - 680003. 4 THE ASSISTANT LABOUR COMMISSIONER (CENTRAL) 164B, KALATHIPARAMBIL ROAD, ERNAKULAM, KOCHI - 680016. 5 THE CATHOLIC SYRIAN BANK LTD STAFF DEPARTMENT, RANI SEETHAI HALL, ANNA SALAI, CHENNAI - 600006.

¶10

6 THE REGIONAL LABOUR COMMISSIONER (CENTRAL) ERNAKULAM, KENDRIYA SHRAMSADAN, OLIMUGHAL, KAKKANAD, KOCHI - 682030.

¶11

WP(C) No.4855/2022

¶12

¶13

7 LABOUR ENFORCEMENT OFFICER (CENTRAL) OFFICE OF THE REGIONAL LABOUR COMMISSIONER (CENTRAL), ERNAKULAM, KOCHI - 30.

¶14

8 THE REGIONAL DIRECTOR, RESERVE BANK OF INDIA, BAKERY JUNCTION, THIRUVANANTHAPURAM - 695033.

¶15

BY ADVS. SRI.ASHOK SHENOY B SRI.JOSEPH RONY JOSE, CGC SRI.K.V.GEORGE(K/74/2009) SRI.P.S.GIREESH(K/341/2013) SRI.ARJUN R NAIK(K/001044/2020) SRI.MANU.S., ASGI, R6 & R7

¶16

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C) No.4855/2022

JUDGMENT

This is a classic case where the High Court has been made as

¶21

the executing court of the award of the Labour Court wherein the Labour Court, in the claim petition preferred by the workman, had passed the following order :

¶22

“12. In the result, an award is passed finding that the management is not justified in not strictly following Ext.W8 circular No.221/83 and not taking into account special allowance of those subordinate staff who are discharging duties of a permanent nature, which is attached to their post and which attract special allowance for the purpose of fitment in the promoted post. However, the date of increment in the promoted post is the date of joining duty in the promoted post and not the date of original entry into service. The parties will suffer their respective cost. The award will take effect one month after its publication in the official Gazette.”

¶23

The contention of the petitioner is that since the Bank was not

¶24

implementing the order of the Labour Court, the matter was brought to the notice of the Labour Commissioner. The Bank had been adopting a pick and choose policy by honouring the award towards the few but denying to the others. The Labour Commissioner has filed a case while taking the cognizance. Once the Labour Court has already taken the cognizance, by circumventing that procedure, a person cannot be permitted to approach this Court for execution.

¶25

WP(C) No.4855/2022

¶26

¶27

The Writ Petition is gross abuse of the process of the court

¶28

and accordingly dismissed.

Sd/-

AMIT RAWAL JUDGE

csl

WP(C) No.4855/2022

APPENDIX OF WP(C) 4855/2022

¶35

PETITIONER'S EXHIBITS

¶36

Exhibit P1	TRUE COPY OF THE SUB-STAFF PROMOTION TEST CIRCULAR NO.61/1986/BC/S-7 DATED 06/03/1986.
Exhibit P2	TRUE COPY OF THE CIRCULAR NO. 221/1983/BC/S/38 DATED 02/12/1983.
Exhibit P3	TRUE COPY OF THE CIRCULAR NO. 42/80/BC/S/12 DATED 11/03/1980.
Exhibit P4	TRUE COPY OF THE PETITIONER'S LETTER DATED 06.03.1989.
Exhibit P5	TRUE COPY OF THE LETTER OF RESPONDENT NO.2 DATED 29.10.1991.
Exhibit P6	TRUE COPY OF THE CENTRAL GOVERNMENT ORDER NO.L-12012/1/92-IR.B.III DATED 11.02.1992.
Exhibit P7	TRUE COPY OF LETTER NO. S/1688/92 DATED 17.03.1992 OF THE 1ST RESPONDENT BANK.
Exhibit P8	TRUE COPY OF LETTER NO. S/A/2358/92 DATED 16.04.1992 OF THE 1ST RESPONDENT BANK.
Exhibit P9	TRUE COPY OF THE COMMON AWARD DATED 29.01.1997 IN I.D. NO. 3/1992 (C) AND I.D. NO.6/1992(C) PASSED BY LABOUR COURT, ERNAKULAM.
Exhibit P10	TRUE COPY OF THE JUDGMENT DATED 05.01.2007 IN OP NO. 15934/1997 PASSED BY HON'BLE HIGH COURT OF KERALA AT ERNAKULAM.
Exhibit P11	A TRUE COPY OF THE AWARD DATED 06.07.2007 IN ID NO. 268/2006 PASSED BY LABOUR COURT, ERNAKULAM.

¶37

WP(C) No.4855/2022

¶38

¶39

Exhibit P12	A TRUE COPY OF THE CIRCULAR NO. 103/2004/BC/S-10 DATED 29.03.2004 OF THE 1ST RESPONDENT BANK.
Exhibit P13(a)	TRUE COPY OF THE REPRESENTATION DATED 30.06.2008 OF THE PETITIONER.
Exhibit P13(b)	TRUE COPY OF THE REPRESENTATION DATED 25.08.2008 OF THE PETITIONER.
Exhibit P13(c)	TRUE COPY OF THE REPRESENTATION DATED 29.01.2009 OF THE PETITIONER.
Exhibit P13(d)	TRUE COPY OF THE REPRESENTATION DATED 19.08.2009 OF THE PETITIONER.
Exhibit P13(e)	TRUE COPY OF THE REPRESENTATION DATED 11.01.2010 OF THE PETITIONER.
Exhibit P14	TRUE COPY OF THE ABOVE COMMUNICATION BEARING NO.S/2189/2009 DATED 24.03.2009.
Exhibit P15	TRUE COPY OF THE REPRESENTATION FILED BY THE 3^rdRESPONDENT BEFORE THE 6TH RESPONDENT DATED 16.06.2009.
Exhibit P15(a)	TRUE COPY OF THE REPRESENTATION FILED BY THE 4TH RESPONDENT DATED 20.08.2009.
Exhibit P15(b)	TRUE COPY OF THE REPRESENTATION FILED BY THE 3RD RESPONDENT DATED 15/09/2009.
Exhibit P15(c)	TRUE COPY OF THE REPRESENTATION FILED BY THE 3RD RESPONDENT DATED 01/10/2009.
Exhibit P15(d)	TRUE COPY OF THE REPRESENTATION FILED BY THE 3RD RESPONDENT DATED 07.10.2009.
Exhibit P15(c)	TRUE COPY OF THE REPRESENTATION FILED BY THE 3RD RESPONDENT DATED 19.11.2009.
Exhibit P16	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE STAFF FEDERATION TO THE 6TH RESPONDENT DATED 07.06.2010.
Exhibit P17	TRUE COPY OF THE ABOVE COMMUNICATION

¶40

WP(C) No.4855/2022

¶41

¶42

DATED 08.09.2009 OF THE 6TH RESPONDENT.

¶43

Exhibit P18 TRUE COPY OF THE ABOVE COMPLAINT FILED BY THE 7TH RESPONDENT DATED 16.12.2011.

¶44

RESPONDENTS' EXHIBITS:

¶45

NIL

Mathews K.D. v. the Catholic Syrian Bank Ltd.

Case brief

What is this about?

What did the court decide?

Mathews K.D. v. the Catholic Syrian Bank Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Mohammed Ismail, Vs the Regional Transport Authority

Rev Fr Williams C.B. Vs State of Kerala

Hamza, Vs the District Police Chief

The Windsor Castle, Vs the Secretary

Dr.K.Mohanakumar Vs Dr.Meera.v

Aiswarya v. Vs Dr.E.K.Satheesan