Managing Director vs Devasia Joseph
2021 Latest Caselaw 1259 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

              THE HONOURABLE MR.JUSTICE N.NAGARESH

 WEDNESDAY, THE 13TH DAY OF JANUARY 2021/23TH POUSHA, 1942

                   WP(C).No.10287 OF 2020(I)


PETITIONER:

              MANAGING DIRECTOR, KERALA STATE CIVIL
              SUPPLIES CORPORATION LTD.,MAVELI BHAVAN,
              GANDHI NAGAR, KOCHI-682 020.

              BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO

RESPONDENTS:

     1        DEVASIA JOSEPH, MANAGER,
              ST. THOMAS MODERN RICE MILL, PUNNAPRA,
              PADINJARE PARAMBIL, KALARCODE WARD,
              SANATHANAPURAM P.O., ALAPPUZHA.

     2        MICRO AND SMALL ENTERPRISES FACILITATION
              COUNCIL, KERALA , REPRESENTED BY ITS CHAIRMAN,
              VIKAS BHAVAN, THIRUVANANTHAPURAM-695 039

              R1 BY ADV. SRI.RAJAN VISHNURAJ
              R1 BY ADV. SRI.V.HARISH
              BY SRI.SYAM KUMAR (APPEARED IN COURT)

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) No.10287/2020
                                :2 :




                        JUDGMENT

~~~~~~~~~

Dated this the 13th day of January, 2021

Petitioner, who is the Managing Director of Kerala

State Civil Supplies Corporation Limited, is before this Court

aggrieved by Ext.P7 Award passed by the 2nd respondent.

2. The 2nd respondent is the Micro and Small

Enterprises Facilitation Council. The 1 st respondent had

certain contractual transactions with the Kerala State Civil

Supplies Corporation Limited. Disputes arose between the

petitioner and the 1st respondent. The 1st respondent as per

Ext.P2 application approached the 2nd respondent-Council.

The 2nd respondent-Council took up the issue and passed

Ext.P4 Award.

3. Ext.P4 Award was challenged by the petitioner

herein before this Court. This Court found that under the Act,

the dispute ought to have been conciliated/mediated by the WP(C) No.10287/2020

Council itself or it should have been referred to any institution

or centre providing alternate dispute resolution services. This

Court found that the conciliation/mediation was made by a

Sub Committee by the Council. Accordingly, this Court found

that such conciliation by the Sub Committee is unsustainable

under law and consequently, quashed Ext.P4 Award by Ext.P5

judgment. Accordingly, the Council was directed to reconsider

the matter after providing sufficient opportunity of hearing and

participation to the petitioner and the 1st respondent. After

remand, the 2nd respondent passed Ext.P7 Award on

16.01.2020. It is aggrieved by Ext.P7 Award that the

petitioner is before this Court.

4. The petitioner has raised various legal contentions

against the Award. However, going through the materials, this

Court finds that in the judgment of this Court in Ext.P5, it was

specifically held that the conciliation has to be conducted by

either the Council or an approved centre or agency. However,

Ext.P7 would disclose that in spite of Ext.P5 judgment, the

conciliation was again conducted by a Sub Committee. This is WP(C) No.10287/2020

in violation of the judgment of this Court in Ext.P5. For that

sole reason, Ext.P7 is liable to be set aside.

5. Consequently, Ext.P7 Award passed by the 2nd

respondent is set aside and the matter is remitted back to the

2nd respondent to consider the same in accordance with law

and in accordance with the directions contained in Ext.P5

judgment of this Court. Since the petitioner has raised other

legal contentions in the writ petition and since this Court is not

considering such contentions for the time being, the questions

raised by the petitioner are left open. The parties will be at

liberty to agitate the same before the 2nd respondent. The

Council shall conciliate the matter and pass an Award as

directed, within a period of two months positively.

Sd/-

N. NAGARESH, JUDGE

aks/13.01.2021 WP(C) No.10287/2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF THE AGREEMENT EXECUTED BY THE 1ST RESPONDENT WITH THE KERALA STATE CIVIL SUPPLIES CORPORATION ON 4.6.2012.

EXHIBIT P2            TRUE COPY OF THE O.A. NO. 28/15 FILED BY
                      THE   1ST   RESPONDENT  BEFORE    THE 2ND
                      RESPONDENT (WITH OUT ENCLOSURES).

EXHIBIT P3            TRUE COPY OF THE WRITTEN STATEMENT FILED

BY THE RESPONDENT IN O.A. NO. 28/15 (WITH OUT ENCLOSURES).

EXHIBIT P3(a) TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE PETITIONER IN O.A. NO. 28/15 (WITHOUT ENCLOSURES).

EXHIBIT P4 TRUE COPY OF THE AWARD PASSED BY 2ND RESPONDENT ON 25.7.18 IN O.A. NO. 28/15

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 8.4.2019 IN W.P.(C) NO. 30844/2018

EXHIBIT P6 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENT IN I.A.NO.1/2019 IN O.A. NO. 28/15 (WITHOUT ENCLOSURES).

EXHIBIT P7 TRUE COPY OF THE AWARD PASSED BY 2ND RESPONDENT ON 16.1.2019 IN O.A. NO.28/15

EXHIBIT P7(a) TRUE COPY OF THE PROCEEDINGS IN O.A.

NO.28/15 ISSUED BY 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 28.5.2013 IN W.P.(C)NO. 32418/2010

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