Kerala High Court
M.Jayaprakash vs The President on 11 April, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 38722 OF 2015
PETITIONER:
M.JAYAPRAKASH
JAYALAYAM, VELLIKULANGARA, ORKKATTERI P.O.,
VADAKARA, KOZHIKODE-673 501
BY ADVS.SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SRI.T.G.SUNIL PRANAVAM
RESPONDENTS:
1 THE PRESIDENT
ONCHIYAM CO-OPERATIVE URBAN SOCIETY LIMITED,
KANNUKARA, MADAPPALLY COLLEGE (PO), VADAKARA,
KOZHIKODE-673 102
2 THE SECRETARY
ONCHIYAM CO-OPERATIVE URBAN SOCIETY LIMITED,
KANNUKARA, MADAPPALLY COLLEGE (PO), VADAKARA,
KOZHIKODE-673 102
3 THE CHAIRMAN
DISCIPLINARY COMMITTEE, ONCHIYAM CO-OPERATIVE
URBAN SOCIETY LIMITED, KOZHIKODE-673 102
4 ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),
OFFICE OF THE ASST.REGISTRAR (GENERAL),
VADAKARA-673 101
5 THE LABOUR COURT, KOZHIKODE-673 102
BY ADVS.SRI.B.S.SWATHI KUMAR
SMT.LINTA VARGHESE
SMT.T.RESHMA
SRI.N.SURESH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
SATHISH NINAN, J.
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W.P.(C)No.38722 of 2015
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Dated this the 11th day of April, 2024
JUDGMENT
The petitioner, while working as Attender in the 2 nd respondent Society, was faced with disciplinary proceedings alleging misappropriation. In the disciplinary proceedings, the petitioner was found guilty. As per Ext.P11, the petitioner was dismissed from service. The petitioner challenged Ext.P11 order in appeal. The appellate authority as per Ext.P12, dismissed the appeal.
2. Aggrieved, the petitioner approached the Labour Commissioner. The issue was referred in terms of Section 10(1)(c) of the Industrial Disputes Act, 1947, to the Labour Court as per Ext.P13. The Labour Court as per Ext.P18 award affirmed the order of dismissal. The W.P.(C)No.38722 of 2015 -: 2 :- same is under challenge in this writ petition.
3. I have heard the learned counsel on either side.
4. The only contention urged is that, the Labour Court lacks jurisdiction to decide on the dispute. In terms of Section 69 of the Co-operative Societies Act, it is the Arbitration Court which is competent to decide on the question. On the said ground, Ext.P18 award of the Labour Court cannot be sustained, it is contended.
5. That the Arbitration Court under Section 69, and the Labour Court under the Industrial Disputes Act have concurrent jurisdiction in such matters has been held by the Apex Court in Annamma K.A. v. Secretary, Cochin Co- operative Hospital Society Ltd. [2018 (1) KHC 258]. Ext.P14 is the statement filed by the petitioner before the Labour Court. The petitioner sought to have the order of W.P.(C)No.38722 of 2015 -: 3 :- dismissal set aside. The petitioner participated in the proceedings without demur. That apart, if the petitioner was of the opinion that his remedy lies under Section 69, it was for him to approach the Arbitration Court under Section 69. He having not chosen to do so and having initiated industrial dispute and having taken part in the proceedings before the Labour Court, it is not now open for him to contend that the Labour Court has no jurisdiction. At any rate, even on the merits the contention is only to be negatived. No other grounds are raised.
Resultantly, the writ petition fails and is dismissed. No costs.
Sd/-
SATHISH NINAN JUDGE yd W.P.(C)No.38722 of 2015 -: 4 :- APPENDIX OF WP(C) 38722/2015 PETITIONER EXHIBITS EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 05.05.2004 ISSUED BY THE 1ST RESPONDENT EXT.P2: TRUE COPY OF THS SHOW CAUSE NOTICE DATED 03.11.2004 ISSUED BY THE 2ND RESPONDENT. EXT.P3: TRUE COPY OF THE NOTICE DATED 07.12.2004 ISSUED BY THE 2ND RESPONDENT EXT.P4: TRUE COPY OF THE SUSPENSION ORDER DATED 10.01.2005 ISSUED BY THE 1ST RESPONDENT EXT.P5: TRUE COPY OF THE REPORT DATED 30.04.2005 SUBMITTED BY THE 4TH RESPONDENT EXT.P6: TRUE COPY OF THE MEMORANDUM OF ALLEGATIONS DATED 30.04.2005 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXT.P7: TRUE COPY OF THE REPLY DATED 04.05.2005 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT EXT.P8: TRUE COPY OF THE DEOMESTIC ENQUIRY REPORT DATED 30.01.2006 ISSUED BY DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES EXT.P9: TRUE COPY OF THE NOTICE DATE D08.02.2006 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXT.P10: TRUE COPY OF THE REPLY DATED 16.02.2006 SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT EXT.P11: TRUE COPY OF THE ORDER DATED NIL ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXT.P12: TRUE COPY OF THE ORDER DATED 20.09.2006 ISSUED BY THE 1ST RESPONDENT EXT.P13: TRUE COPY OF THE ORDER DATED 05.10.2007 ISSUED BY THE GOVERNMENT EXT.P14: TRUE COPY OF THE STATEMENT DATED 20.01.2008 FILED BEFORE THE HON'BLE LABOUR COURT,KOZHIKODE W.P.(C)No.38722 of 2015 -: 5 :- EXT.P15: TRUE COPY FO THE OBJECTION DATED 29.05.2008 FILED BEFORE THE HONBLE LABOUR COURT, KOZHIKODE.
EXT.P16: TRUE COPY OF THE REPLY STATEMENT DATED 21.10.2008 FILED BEFORE THE HONBLE LABOUR COURT, KOZHIKODE.
EXT.P17: TRUE COPY OF THE ORDER DATED 21.02.2011 IN ID.NO.34/2007 OF THE HON'BLE LABOUR COURT, KOZHIKODE EXT.P18: TRUE COPY OF THE ORDER DATED 28.11.2011 IN ID.NO.34/2007 OF THE HON'BLE LABOUR COURT, KOZHIKODE