Kerala High Court
I K Velukutty vs The Registrar on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA,
1942
RP.No.936 OF 2020 IN WP(C). 35612/2008
AGAINST THE JUDGMENT IN WP(C)NO.35612/2008(M)
DATED 07.06.2018
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REVIEW PETITIONER/S:
I K VELUKUTTY, AGED 56 YEARS, S/O.KUNJAN,
IRINJALAKUDAKARAN HOUSE, MANNUTHY,
THRISSUR-680 651.
BY ADVS.
SRI.A.JAYASANKAR
SRI.MANU GOVIND
RESPONDENT/S:
1 THE REGISTRAR, KERALA AGRICULTURAL
UNIVERSITY, KAU P.O., VELLANIKKARA,
THRISSUR-680 656.
2 THE DEAN, COLLEGE OF VETERINARY AND ANIMAL
SCIENCE, SANTOSH NAGAR, MANNUTHY, THRISSUR-
680 651.
R1 BY SRI.ROBSON PAUL, SC, KERALA
AGRICULTURAL UNIVERSITY
R2 BY ADV. SRI.MANOJ RAMASWAMY
THIS REVIEW PETITION HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
RP 936/2020 in
W.P.(C).No.35612/2008
-:2:-
ORDER
Dated this the 13th day of January 2021
This review petition was filed by the respondent
in the writ petition. The writ petition was filed by
the Kerala Agricultural University challenging an
order passed by the Deputy Labour Commissioner under
the Minimum Wages Act.
2. The review petitioner, who was the
respondent, admittedly is a Mess worker, engaged in
the Hostel attached to the University by the Mess
Committee. The contention of the review petitioner
is that this Court, without adverting to the rival
contentions, rendered the judgment under review,
mainly following the judgment of the Division Bench
in W.A.No.1225/1994, dated 1/11/1994, wherein a
similar issue relating to the claim of mess workers
was considered in respect of the same University.
The Division Bench, after adverting to the relevant
regulations, held that the mess workers cannot be
treated as an employee of the University.
RP 936/2020 in
W.P.(C).No.35612/2008
Accordingly, the writ petition was allowed quashing
the proceedings of the Deputy Labour Commissioner.
3. The review petitioner argued that the Apex
Court in G.B. Pant University of Agriculture &
Technology, Pantnagar, Nainital vs. State of U.P. and
Others [(2000) 7 SCC 109] upheld the claim of workers
of Cafeteria and held that if Cafeteria is required
to maintain the regulations of a residential
university and the cafeteria should be compulsorily
used by the resident-students, the workers of such
Cafeteria are employees of the University.
4. Pointing out the above judgment of the Apex
Court, the learned counsel for the review petitioner
urged for reviewing the judgment. It is also pointed
out that it is an apparent error on the part of this
Court as this Court failed to note the Apex Court
Judgment, which was rendered much before the judgment
under review.
5. It is to be noted that the judgment of the
Apex Court has arisen from an Award of the Labour
Court. The Labour Court can very well adjudicate as
to the nature of the relationship between the
RP 936/2020 in
W.P.(C).No.35612/2008
employee of the Cafeteria and that of the University.
The statutory provision under the Industrial Disputes
Act, 1947 enables the Labour Court to adjudicate upon
such issues. This Court cannot override such
adjudication by invoking writ jurisdiction. The
Deputy Labour Commissioner should not have passed the
order impugned in the writ petition. If the review
petitioner is having any remedy before the Labour
Court and any other forum under the Labour enactment,
he is free to avail such remedy in accordance with
law. The judgment in G.B. Pant University of
Agriculture & Technology case (supra) cannot be a
ground to review the judgment for the reasons stated
above. Accordingly, the review petition is
dismissed.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
ms
RP 936/2020 in
W.P.(C).No.35612/2008
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 A TRUE COPY OF THE RULES, FRAMED BY ORDER
NO ACD A 3-79731/31/78/KAU/D DATED
11.12.1980 AND ORDER NO ACD. A3-
46841/80/D. DIS DATED 9.8.1981 OF THE 1ST
RESPONDENT HEREIN.
ANNEXURE A2 A TRUE COPY OF THE ORDER
NO.BG/A1/140/88/FAW DATED 6.1.1988 ISSUED
BY THE FINANCIAL (BUDGET) WING OF THE
KERALA AGRICULTURAL UNIVERSITY.
ANNEXURE A3 A TRUE COPY OF THE ORDER NO GA/F3/8841/94
DATED 30.1.1997 OF THE KERALA
AGRICULTURAL UNIVERSITY.
ANNEXURE A4 A TRUE COPY OF PROCEEDINGS DATED
22.1.2001 PERTAINING TO THE SANCTIONING
OF MINIMUM WAGES TO MESS WORKERS
INCLUDING THE REVIEW PETITIONER HEREIN,
FOR A SUBSEQUENT ENGAGEMENT.
RESPONDENTS EXHIBITS:
ANNEXURE R1(A) : COPY OF G.O.(P) NO.196/2016/LBR DATED
21.12.2016.
//TRUE COPY//
P.S.TO JUDGE
