Kerala High Court
Unknown vs By Advs.Sri.P.Ramakrishnan on 17 November, 2015
Author: A. Muhamed Mustaque
Bench: A.Muhamed Mustaque
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
THURSDAY, THE 22ND DAY OF MARCH 2018 / 1ST CHAITHRA, 1940
WP(C).No. 9963 of 2018
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AGAINST THE ORDER/JUDGMENT IN ID 39/2013 of LABOUR COURT, ERNAKULAM
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PETITIONER(S)
K.P.BABURAJ
KUTHOLIPARAMBIL, VANIYAKAD,
MANNANAM P.O., NORTH PARUR, ERNAKULAM 683 520.
BY ADVS.SRI.P.RAMAKRISHNAN
SMT.PREETHI RAMAKRISHNAN (P-212)
SRI.T.C.KRISHNA
SRI.C.ANIL KUMAR
SMT.ASHA K.SHENOY
SRI.PRATAP ABRAHAM VARGHESE
RESPONDENT(S):
1. MATSYAFED
KALALESWARAM, MANACAUD, THIRUVANANTHAPURAM 695 009
REPRESENTED BY ITS MANAGING DIRECTOR.
2. MANAGER
MATSYAFED NET FACTORY, DR.SALIM ALI ROAD, KOCHI 682 018.
3. LABOUR COURT, ERNAKULAM, KOCHI 682 018.
BY GOVERNMENT PLEADER C.P.PRADEEP.
BY SRI.T.P.PRADEEP, SC, MATSYAFED
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
DXY
WP(C).No. 9963 of 2018 (U)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CLAIM STATEMENT FILED BY THE
PETITIONER I.D NO.39/2013.
EXHIBIT P2 TRUE COPY OF THE COMMON AWARD DATED 17/11/2015
PASSED BY THE LABOUR COURT, ERNAKULAM IN I.D
NOS.38/2013 TO 43/2013.
RESPONDENT(S)'EXHIBITS: NIL
\\TRUE COPY\\
PA TO JUDGE
DXY
A. MUHAMED MUSTAQUE, J
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W.P.(C)No. 9963 of 2018
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Dated this the 22nd day of March, 2018
JUDGMENT
The petitioner was an employee of a co-operative sector. The petitioner raised an industrial dispute over retrenchment, that was referred to the Labour Court, Ernakulam. This case was registered as I.D.No. 39/2013.
2. The Labour Court found that the I.D.No. 39/2013 was not maintainable, referring to a judgment of this Court in Chirayinkeezhu Service Co-operative Bank Limited v. Santhosh (2015(4) KLT 163 (LB) .
3. In fact, the Hon,ble Supreme Court has reversed the judgment of the Larger Bench and found that both the Labour Court as well as the Authority under Section 69 of the Kerala Co- operative Society Act, 1969 are having concurrent jurisdiction in Annamma v. The Secretary, Cochin Co-operative Hospital Society Limited reported in 2018(1) KHC 258. W.P.(C)No. 9963 of 2018
..2..
4. In the light of the above, award in I.D.No. 39/2013 is set aside. The Labour Court is directed to consider the matter after issuing notice to all parties.
The petitioner is directed to appear before the labour Court on 18.04.2018.
Sd/-
A. MUHAMED MUSTAQUE, JUDGE \\True Copy\\ PA to Judge Dxy