JUDGMENT :

Abhay Manohar Sapre, J.

1. Leave granted.

2. This appeal is directed against the final judgment and order dated 21.12.2015 passed by the High Court of Kerala at Ernakulam in W.P.(C) No.18354 of 2010 whereby the High Court allowed the writ petition filed by the respondent herein and set aside the award dated 23.09.2009 of the Labour Court, Ernakulam in I.D.No.32 of 2006.

3. In order to appreciate the controversy involved in the appeal, which is essentially legal in nature, mentioning of few undisputed facts would suffice.

Facts in brief

4. The respondent is the Cooperative Society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as “the KCS Act”). The appellant was an employee of the respondent-Society. By order dated 22.03.2005, the respondent-Society dismissed the appellant from service.

5. The appellant, felt aggrieved of her dismissal order, filed a complaint with the State Government against the respondent-Society under the Industrial Dispute Act, 1947 (hereinafter referred to as “the ID Act”). The conciliation having failed, the appropriate Government made an industrial reference to the Labour Court, Ernakulum under Section 10 of the ID