Peruvanthanam Service ... vs Ushas Mary Thomas
2022 Latest Caselaw 10649 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944
                    OP(LC) NO. 13 OF 2022
 AGAINST THE ORDER/JUDGMENTID 9/2020 OF INDUSTRIAL TRIBUNAL,
                           IDUKKI
PETITIONERS/RESPONDENTS:

    1     PERUVANTHANAM SERVICE CO-OPERATIVE BANK LTD. NO.
          K.186, PERUVANTHANAM (P.O)
          IDUKKI - 685532
          REPRESENTED BY ITS SECRETARY
    2     THE PRESIDENT
          PERUVANTHANAM SERVICE CO-OPERATIVE BANK LTD. NO.
          K. 186, PERUVANTHANAM (P.O)
          IDUKKI DISTRICT, PIN - 685 532
          BY ADVS.
          PRANOY K.KOTTARAM
          M.SASINDRAN

RESPONDENTS/PETITIONERS:

          USHAS MARY THOMAS
          AGED 42 YEARS
          PALLIKUNNEL HOUSE, CHUZHUPPU
          PERUVANTHANAM (P.O)
          IDUKKI DISTRICT, PIN - 685 532



    THIS OP (LABOUR COURT) HAVING COME UP FOR
ADMISSION ON 21.10.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 OP(LC).No.13/2022

                                         2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                      OP(LC).No.13 of 2022
              ----------------------------------------------
            Dated this the 21st day of October, 2022


                                JUDGMENT

This original petition is filed with following prayers:

i. To set aside the Ext.P6 and all further proceedings in I.D.No.09/2020 of the Industrial Tribunal, Idukki, ii. To declare that a dispute between the internal committee of the management and the employee is not maintainable under the Industrial Disputes Act, when the issue is not finally decided by the management in the prescribed statutory proceedings.

iii. exempt the petitioners from producing the English Translation of Malayalam Exhibits produced along with this original petition and the petitioner further undertakes that he is ready and willing to produce English Translation of Malayalam documents as and when required; award cost to the petitioners iv. to issue such other appropriate reliefs to the petitioner as the Hon'ble Court may deem fit and proper in the interest of justice.

(SIC) OP(LC).No.13/2022

2. The main prayer in this original petition is to

quash Ext.P6 and all further proceedings in I.D.No.09/2020 of

the Industrial Tribunal, Idukki, on the ground that a dispute

between the internal committee of the management and

employee is not maintainable under the Industrial Disputes

Act. According to the petitioner, this point was raised

before the Industrial Tribunal as a preliminary issue, but the

same is not considered and the matter is now posted for

evidence.

3. Heard the learned counsel for the petitioner. No

notice is issued to the respondent at this stage. If the

respondent is aggrieved by any of the directions in the

judgment, she is free to file a review petition.

4. The prayer in this original petition cannot be

allowed. This Court need not entertain an original petition

under Article 227 of the Constitution of India to set aside a

proceedings pending before the Industrial Tribunal. The

only point raised by the petitioner is that the preliminary

issue regarding the maintainability of the petition was

raised pending before the Industrial Tribunal and the

same was not considered. According to the petitioner, this OP(LC).No.13/2022

was specifically raised in the written statement filed by the

petitioners. If that is the case, there can be a direction to the

Tribunal to proceed with the case only after deciding the

preliminary issue regarding the question of maintainability.

Therefore, this original petition is disposed of directing

the Industrial Tribunal, Idukki to decide the preliminary issue

raised by the petitioner regarding the question of

maintainability of I.D. No.9/2020 before proceeding with the

evidence.

sd/-

                                        P.V.KUNHIKRISHNAN
JV                                             JUDGE
 OP(LC).No.13/2022





                    APPENDIX OF OP(LC) 13/2022

PETITIONER EXHIBITS
Exhibit1          A COPY OF THE SHOW CAUSE NOTICE DATED

25.07.2018 BY THE PETITIONERS ALONG WITH ENGLISH TRANSLATION Exhibit2 A COPY OF THE SHOW CAUSE NOTICE DATED 23.08.2018 BY THE PETITIONERS ALONG WITH ITS ENGLISH TRANSLATION Exhibit3 A TRUE COPY OF THE NOTICE ON PUNISHMENT DATED 17-07-2019 ISSUED BY THE DISCIPLINARY SUB-COMMITTEE TO THE PETITIONER ALONG WITH ITS ENGLISH TRANSLATION Exhibit4 A TRUE COPY OF THE REPLY BY THE RESPONDENT TO THE PETITIONER DATED 22.07.2019 ALONG WITH ITS ENGLISH TRANSLATION Exhibit5 A TRUE COPY OF THE ORDER DATED 02-08-

2019, ISSUED BY THE CONVENER, DISCIPLINARY SUB-COMMITTEE OF THE PETITIONER ALONG WITH ITS ENGLISH TRANSLATION Exhibit P6 A TRUE COPY OF THE NOTICE IN FORM V ISSUED BY THE INDUSTRIAL TRIBUNAL, IDUKKI DATED 11.08.2020