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1998 Supreme(Ker) 68

K.A.ABDUL GAFOOR
Cochin Co-operative Hospital – Appellant
Versus
Annamma – Respondent


Judgment :-

K.A. Abdul Gafoor, J.

The petitioner is a co-operative hospital society. The first respondent is an employee. She was employed as X-ray Technician. She claims that she is entitled to the Dearness Allowance on the basis of pay drawn by her. The allowance claimed by her was at the rate applicable to the Government employees. Her claim was not acceded to by the petitioner. She, therefore, claimed the amount in arbitration proceedings before the Assistant Registrar of Co-operative Societies. The petitioner took up the contention that the first respondent is not entitled to such Dearness Allowance and that she is not entitled to the benefit in terms of Ext. P1 Government Order and that the first respondent is not a member of staff of a classified Society in terms of R.182 included in the Appendix III of the Rules. The arbitrator accepted the contention of the petitioner and dismissed the claim of the first respondent. The first respondent went in appeal before the Co-operative Tribunal. The Tribunal allowed the appeal and directed payment of D.A. as allowed to Government employees.

2. It is contended before me by the petitioner that the petitioner Society will not come under R




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