Kerala High Court
Eldho K.Joseph vs The Authority Under Kerala Payment on 9 May, 2014
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 12TH DAY OF JANUARY 2017/22ND POUSHA, 1938
WP(C).No. 12042 of 2015 (E)
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PETITIONER(S):
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ELDHO K.JOSEPH,
S/O.K.P.JOSEPH,
RESIDING AT HOUSE NO.26/639 KUZHIKKATTIL (H),
CHAVARA ROAD,
KONTHURUTHY, THEVARA-682 013.
BY ADVS.SRI.P.M.MOHAMMED SHIRAZ
SMT.G.R.MANJU
RESPONDENT(S):
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1. THE AUTHORITY UNDER KERALA PAYMENT
OF SUBSISTENCE ALLOWANCE ACT
1972 & DEPUTY LABOUR COMMISSIONER,
DEPARTMENT OF LABOUR, CIVIL STATION,
KAKKANAD P.O., KOCHI-682 030.
2. NAVY EDUCATION SOCIETY,
REPRESENTED BY THE CHAIRMAN,
SCHOOL MANAGEMENT COMMITTEE,
NAVY CHILDREN SCHOOL, KOCHI-682 004.
R1 BY ADV. SR.GOVERNMENT PLEADER SRI. S. GOPINATHAN
R2 BY ADV. SRI.M.GOPIKRISHNAN NAMBIAR
R2 BY ADV. SRI.P.GOPINATH
R2 BY ADV. SRI.P.BENNY THOMAS
R2 BY ADV. SRI.K.JOHN MATHAI
R2 BY ADV. SRI.JOSON MANAVALAN
R2 BY ADV. SRI.KURYAN THOMAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12-01-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 12042 of 2015 (E)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1- TRUE PHOTOCOPY OF SAC NO.3/2014 FILED BY
PETITIONER
EXT.P2- TRUE PHOTOCOPY OF THE LETTER NO.NCS/HQ/B25 DATED
9.5.2014 OF COMMANDER & DIRECTOR NCS (K)
EXT.P3- TRUE PHOTOCOPY OF THE REPLY DATED 19.10.2014 FILED BY
PETITIONER
EXT.P4- TRUE PHOTOCOPY OF THE LETTER
NO.CBSE/AFF/DS/PA/2012/513932 DATED 15.1.2013 OF CBSE
EXT.P5- TRUE PHOTOCOPY OF LETTER NO.NCS/HQ/B25 DATED 30.10.2014
OF COMMANDER & DIRECTOR NCS (K)
EXT.P6- TRUE PHOTOCOPY OF ORDER DATED 18.3.2015 IN SAC
NO.3/2014 OF 1ST RESPONDENT
EXT.P7- TRUE PHOTOCOPY OF APPLICATION DATED 24.3.2015
EXT.P8- TRUE PHOTOCOPY OF REPLY DATED 31.3.2015 OF CAPTAIN-AT-
ARMS, PIO
EXT.P9- TRUE PHOTOCOPY OF STATEMENT DATED 15.10.2012 FILED ON
BEHALF OF RESPONDENTS IN W.P.(C).23527/2012
RESPONDENT(S)' EXHIBITS
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R2(A) TRUE COPY OF THE LETTER DATED 10.03.2014 ISSUED BY THE
PRINCIPAL, NAVY CHILDREN SCHOOL, KOCHI
R2(B) TRUE COPY OF THE LETTER DATED 21.11.2014 TO THE DEPUTY
LABOUR COMMISSIONER ISSUED BY THE DIRECTOR, NAVY
CHILDREN SCHOOL, KOCHI
TRUE COPY
P.S. TO JUDGE
EL
A. MUHAMED MUSTAQUE, J.
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W.P.(C) No. 12042 of 2015
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Dated this the 12th day of January, 2017
J U D G M E N T
1.The petitioner was an employee under the 2nd respondent, which is run by a society registered under the Societies Registration Act, 1860. The petitioner was suspended from service. His claim for subsistence allowance was rejected by Ext.P6 order. It is challenging this order, the petitioner has come up before this Court.
2.It appears that during the period of suspension, some amount was paid towards subsistence allowance. The petitioner was employed as Physical Education Teacher. Earlier, he had approached this Court challenging the disciplinary proceedings. This Court did not interfere with the disciplinary proceedings, stating that the dispute is between an individual and a private entity. In fact, an order in a writ appeal has W.P.(C) No. 12042 of 2015 ..2..
been referred in the impugned order, stating that the 2nd respondent is not a State undertaking or public sector undertaking as it does not receive any amount from the State or Central Government. It has been observed that it is purely an unaided school managed by the society. In the impugned order, the authority found that the Kerala Payment of Subsistence Allowance Act does not apply to the school run by the society. The period of suspension was 21.04.2012 to 12.03.2013. The authority, noting the fact that the school is affiliated with CBSE under the Government Aided Category with effect from 04.06.2012, found that the Kerala Payment of Subsistence Allowance Act would not apply to the school.
3.It is to be noted that the society is a private entity. The nature of affiliation with CBSE cannot be held against an employee unless the establishment itself becomes a Department of Government or similar establishment as referred in Section 2(c) r/w Section 5(a) of the Kerala W.P.(C) No. 12042 of 2015 ..3..
Payment of Subsistence Allowance Act. The exclusion is only in respect of certain public undertakings of Central Government. It is to be noted that there is no case that the society has to be treated as a State undertaking or a public sector undertaking. Nobody has any dispute regarding the character of the society. Nature of the society continues to be a private entity. In that scenario, this Court is of the view that nature of affiliation with CBSE is of no consequence.
4.Accordingly, the impugned order is set aside. The authority shall reconsider the matter after hearing both sides. Needful shall be done within a period of two months from the date of receipt of a copy of this judgment.
5.The writ petition is disposed of, as above.
Sd/-
A. MUHAMED MUSTAQUE JUDGE bka/-