Kerala High Court
The Channanikkadu Ksheerolpadaka vs K.C.Rajappan
Author: K. Vinod Chandran
Bench: K.Vinod Chandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 1ST DAY OF JUNE 2016/11TH JYAISHTA, 1938
W.P(C).No.9319 of 2005 (H)
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PETITIONER(S):-
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THE CHANNANIKKADU KSHEEROLPADAKA
CO-OPERATIVE SOCIETY LTD.NO.K.34(D)APCOS,
REPRESENTED BY ITS PRESIDENT,
OFFICE OF THE CHANNANIKKADU KSHEEROLPADAKA SOCIETY,
CHANNINIKKADU P.O., KOTTAYAM.
BY ADV. SRI.LIJI.J.VADAKEDOM.
RESPONDENT(S):-
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1. K.C.RAJAPPAN,
KUTTICKAL THOPPIL HOUSE, KUZHIMATTOM P.O., KOTTAYAM.
2. DEPUTY LABOUR OFFICER
(INSPECTOR OF AGRICULTURE-LABOUR),
DISTRICT LABOUR OFFICE, KOTTAYAM.
3. DEPUTY LABOUR COMMISSIONER,
(AUTHORITY UNDER SEC.6 OF THE KERALA PAYMENT OF
SUBSISTENCE ALLOWANCE ACT, 1972)
OFFICE OF THE DEPUTY LABOUR COMMISSIONER, KOTTAYAM.
R2 & R3 BY SR. GOVERNMENT PLEADER SRI.MANOJ P.KUNJACHAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01-06-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C) NO.9319 OF 2005-H
APPENDIX
PETITIONER'S EXHIBITS:-
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EXT.P1 TRUE COPY OF THE PETITION DT.20.08.2004 BY THE
1ST RESPONDENT BEFORE THE 2ND RESPONDENT.
EXT.P2 TRUE COPY OF THE COMMUNICATION ISSUED BY
2ND RESPONDENT SCHEDULING THE HEARING ON EXHIBIT P1
PETITION ON 18.11.2004.
EXT.P3 TRUE COPY OF THE STATEMENT OF OBJECTION DATED 8.12.04
TO EXHIBIT P1 PETITION FILED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
EXT.P4 TRUE COPY OF THE REPLY SRTATEMENT DATED 29.12.2004
FILED BY THE APPLICANT/1ST RESPONDENT AGAINST
P3-STATEMENT OF OBJECTION.
EXT.P5 TRUE COPY OF THE ORDER NO.B.517/04 DT.29.1.2005 PASSED
BY THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:-
----------------------- NIL
vku/- [ true copy ]
K. Vinod Chandran, J
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W.P.(C) No.9319 of 2005-H
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Dated this the 01st day of June, 2016
JUDGMENT
The petitioner, a Society, is aggrieved by the order passed at Exhibit P5. Exhibit P5 is an order passed under the Kerala Payment of Subsistence Allowance Act, 1972 [hereinafter referred to as "the Subsistence Allowance Act"], directing payment of subsistence allowance to the 1st respondent herein.
2. The 1st respondent had initiated a proceeding as per Exhibit P1. A reading of Exhibit P1 would indicate that the 1st respondent was employed as the Secretary of the petitioner-Society. The ground raised by the petitioner-Society is that the 1st respondent being the Secretary of the Society, cannot be an employee as defined under the Subsistence Allowance Act. Reliance is placed on the decision in Shertallai Taluk Co-op. Land Mortgage Bank Ltd. v. Deputy Labour Commissioner [1990 (2) KLT 175]. Following the aforesaid Division Bench decision of this Court, the impugned order is set aside.
Writ petition allowed. No costs.
Sd/-
K.Vinod Chandran Judge.
Vku/-
[ true copy ]