Sheena Jacob vs State Of Kerala
2021 Latest Caselaw 19359 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
   THURSDAY, THE 16TH DAY OF SEPTEMBER 2021 / 25TH BHADRA, 1943
                       WP(C) NO. 19205 OF 2021
PETITIONER:

          SHEENA JACOB, AGED 47 YEARS,
          W/O. K.P. GEVAR, KUTHOOR VEEDU, WEST BAZAR,
          P.O. PAZHINJI, KUNNAMKULAM, THRISSUR-680 542

          BY ADVS.R.SUDHISH
                  M.MANJU
RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY,
          DEPARTMENT OF LABOUR AND EMPLOYMENT,
          GOVERNMENT SECRETARIAT,   THIRUVANANTHAPURAM-695 001

    2     THE LABOUR COMMISSIONER,
          OFFICE OF THE LABOUR COMMISSIONER, THOZHIL BHAVAN,
          VIKAS BHAVAN P.O, THIRUVANANTHAPURAM-695 033.

    3     THE DISTRICT LABOUR OFFICER,
          OFFICE OF THE DISTRICT LABOUR OFFICER,
          CIVIL STATION, AYYANTHOLE, THRISSUR-680 003

    4     KAIPARAMBU PANCHAYATH VIVIDHODHESHA SAHAKARANA SANGHOM
          LIMITED (R-1124),
          POST KAIPARAMBU, THRISSUR-680 546,
          REPRESENTED BY ITS SECRETARY.

    5     THE BOARD OF DIRECTORS OF KAIPARAMBU PANCHAYATH,
          VIVIDHODHESHA SAHAKARANA SANGHOM LIMITED (R-1124),
          POST KAIPARAMBU, THRISSUR-680 546,
          REPRESENTED BY ITS PRESIDENT.

    6     THE CHAIRMAN,
          DISCIPLINARY SUB COMMITTEE,
          (CONSTITUTED FOR DISCIPLINARY ACTION AGAINST SHEENA
          JACOB), VIVIDHODHESHA SAHAKARANA SANGHOM LIMITED
          (R-1124), POST KAIPARAMABU, THRISSUR-680 546
 WP(C) NO. 19205 OF 2021        -2-



OTHER PRESENT:
         GP SRI JIMMY GEORGE


     THIS   WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION   ON   16.09.2021,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 19205 OF 2021         -3-



                             JUDGMENT

Challenge has been laid to Ext.P8, order dated 10.01.2019

dismissing the petitioner from service; Ext.P9 dated 24.04.2019

dismissing the appeal preferred against the dismissal, by the

Administrative Board and Ext.P16 dated 09.06.2021 rejecting the

application for referring the dispute to the Labour Court, by the

Labour Commissioner .

2. Petitioner joined the Service as a Junior Clerk on

09.12.2011 and thereafter promoted as Senior Clerk. On

26.06.2018 was suspended by the Administrative Board of the

Society and a show cause notice was issued on 30.06.2018

which was duly replied. Having dissatisfied with the reply, memo

of charge was issued and then Disciplinary Sub Committee was

appointed. Enquiry Officer appointed by the Disciplinary Sub

Committee conducted an enquiry and submitted an Enquiry

Report before the said Committee. Issuance of notice dated

27.12.2018 was duly replied, which resulted into dismissal of the

petitioner from service.

3. During the interregnum, the petitioner filed A.R.C. for

allowing her to join the service as well as payment of the salary.

The petitioner was not properly guided and preferred an appeal

before the Board of Directors which was dismissed vide impugned

order dated 24.04.2019 Ext.P9 and the application to refer the

matter to the Labour court was also rejected by decision dated

09.06.21 Ext.P16 on the ground that A.R.C. No.27 of 2018

regarding other some reliefs was pending consideration before

the Arbitration Court, Kozhikode. Great injustice has been done

to the petitioner who has been made to rum from pillar to post but

of no avail.

4. I have heard counsel for the parties and appraised the

paper books.

5. I am of the view that the petitioner was not properly

guided and had availed the remedy by preferring an appeal

before the Administrative Court, instead against the order Ext.P8

dated 10.01.2019, should have invoked the jurisdiction of the

Arbitration Court as was done for the other reliefs. In other words,

should have amended the Arbitration Case No.27 of 2018 and

continued thereafter.

6. Be that as if may. Litigants should not be made to

suffer for lack of any legal advice. I relegate the petitioner to

avail the remedy before the Arbitration Court and the period spent

before the Labour Court in pursuing the remedy is liable to be

condoned taking into consideration the provisions of Section 14

of the Limitation Act, provided the remedy before Arbitration Court

is availed within a period of one month from the date of receipt of

a certified copy of the judgment. The Arbitration Court shall

decide the matter uninfluenced by the findings rendered by the

Administrative Board as well as the Labour Commission.

Sd/-

AMIT RAWAL JUDGE vv

APPENDIX OF WP(C) 19205/2021

PETITIONER EXHIBITS

Exhibit P1 COPY OF THE DECISION OF THE 5TH RESPONDENT DATED 14.5.2018 WITH ENGLISH TRANSLATION.

Exhibit P2 COPY OF THE ORDER OF SUSPENSION ISSUED BY THE PRESIDENT OF THE SOCIETY DATED 26.6.2018 WITH ENGLISH TRANSLATION.

Exhibit P3 COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE ADMINISTRATIVE BOARD OF THE SOCIETY DATED 30.06.2018 WITH ENGLISH TRANSLATION.

Exhibit P4 COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 7.7.2018 TO EXHIBIT P3 SHOW CAUSE NOTICE WITH ENGLISH TRANSLATION.

Exhibit P5 COPY OF THE MEMO OF CHARGES ISSUED BY THE CHAIRMAN, DISCIPLINARY COMMITTEE DATED 16.8.2018, WITH ENGLISH TRANSLATION.

Exhibit P6 COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE DISCIPLINARY SUB COMMITTEE TO THE PETITIONER DATED 27.12.2018 WITH ENGLISH TRANSLATION.

Exhibit P7 COPY OF THE REPLY DATED 4.1.2019 TO THE EXHIBIT P6 SHOW CAUSE NOTICE WITH ENGLISH TRANSLATION.

Exhibit P8 COPY OF THE ORDER DATED 10.01.2019 DISMISSING THE PETITIONER FROM SERVICE WITH ENGLISH TRANSLATION.

Exhibit P9 COPY OF THE ORDER OF THE 5TH RESPONDENT ADMINISTRATIVE BOARD DATED 24.4.2019 WITH ENGLISH TRANSLATION.

Exhibit P10 COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 6.9.2019 WITH ENGLISH TRANSLATION.

Exhibit P11 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT DATED 30.10.2020 WITH ENGLISH TRANSLATION.

Exhibit P12 COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 18.11.2019 WITH ENGLISH TRANSLATION.

Exhibit P13 COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 30.12.2019 WITH ENGLISH TRANSLATION.

Exhibit P14 COPY OF THE NOTICE ISSUED BY THE 3RD RESPONDENT DATED 1.10.2020 WITH ENGLISH TRANSLATION.

Exhibit P15 COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 19.10.2020 WITH ENGLISH TRANSLATION.

Exhibit P16 COPY OF THE DECISION OF THE 2ND RESPONDENT LABOUR COMMISSIONER DATED 9.6.2021 WITH ENGLISH TRANSLATION.

Exhibit P17 COPY OF THE LETTER ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER DATED 26.6.2021 WITH ENGLISH TRANSLATION.

Exhibit P18 COPY OF THE PLAINT OF A.R.C NO. 27 OF 2018 FILED BEFORE THE ARBITRATION COURT, KOZHIKODE DATED 23.6.2018 WITH ENGLISH TRANSLATION.