Unknown vs By Advs.Sri.P.Ramakrishnan on 17 November, 2015

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Kerala High Court

Unknown vs By Advs.Sri.P.Ramakrishnan on 17 November, 2015

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. 9924 of 2018
                          ------------------------


PETITIONER(S)


      JOB YESUDAS,
      VALLANATT HOUSE, KUMBALANGHI P.O., KOCHI-682007.


      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,
      KALALESWARM, MANACAUD, THIRUVANANTHAPURAM-695009,
      REPRESENTED BY ITS MANAGING DIRECTOR.

2.    MANAGER,
      MATSYAFED NET FACTORY, DR. SALIM ALI ROAD, KOCHI-682018.

3.    LABOUR COURT,
      ERNAKULAM, KOCHI-682018.


      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. 9924 of 2018 (M)


                                APPENDIX


PETITIONER(S)' EXHIBITS


EXHIBIT P1       TRUE COPY OF THE CLAIM STATEMENT FILED BY THE
                 PETITIONER IN I.D. NO. 40/2013.

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
                -------------------------------------------
                     W.P.(C)No. 9924 of 2018
          ------------------------------------------------------
           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. 40/2013.

2. The Labour Court found that the I.D.No. 40/2013 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. 9924 of 2018

..2..

4. In the light of the above, award in I.D.No. 40/2013 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

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