SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1996 Supreme(Ker) 117

Judges : K.SREEDHARAN,J.B.KOSHY
Kerala State Co-Op.E.Front - Appellant
Versus
Chandramathi Amma - Respondent
Case No : W.A. No. 162 of 1996
Decided On : 03/11/1996
Advocates Appeared :
N. Sugathan & N.S. Santhosh Kumar For Appellants P.G.P. Panicker, T.R. Raman Pillai (Sr. Advocate) & Government Pleader (P.K. Shakeela). For Respondents

The main legal point established in the judgment is that the Industrial Tribunal has the power to summon necessary parties to make the adjudication effective and enforceable, and the non-joinder of a necessary party can render the adjudication proceedings ineffective and unenforceable.

Headnote:

Industrial Dispute - Violation of Principles of Natural Justice - Industrial Disputes Act, 1947, Section 18(3)

Fact of the Case:

The original petitioner, an employee of a cooperative bank, filed a writ petition challenging the promotion of another employee to the post of Accountant. The Industrial Tribunal passed an award in favor of the promoted employee without hearing the original petitioner, who was a necessary party. The learned Single Judge set aside the award due to the violation of principles of natural justice.

Finding of the Court:

The court found that the award was passed in violation of the principles of natural justice as the original petitioner, a necessary party, was not heard. The court directed the Industrial Tribunal to reconsider the matter after affording an opportunity to the original petitioner and all other parties to the dispute.

Issues: Violation of principles of natural justice, jurisdiction of the Industrial Tribunal, impleading necessary parties

Ratio Decidendi: The court held that the Industrial Tribunal, under Section 18(3) of the Industrial Disputes Act, has the power to summon necessary parties to make the adjudication effective and enforceable. The non-joinder of a necessary party can render the adjudication proceedings ineffective and unenforceable. Therefore, the original petitioner, being directly and substantially interested in the dispute, should have been impleaded as an additional party.

Final Decision: The writ appeal was disposed of with the direction to the Industrial Tribunal to reconsider the industrial dispute after affording an opportunity to the original petitioner and all parties involved.

Judgment :-

Koshy, J.

The writ appeal is filed by respondents 6 and 7 in the original petition. The original petition was filed challenging Ext, P8 award of the Industrial Tribunal, Kollam. The above award of the Industrial Tribunal was held to be vitiated by the learned Single Judge on the ground of violation of the principles of natural justice.

2. First respondent in this writ appeal (original petitioner) was appointed as a Clerk in the Oachira Service Co-op. Bank Ltd. with effect from 21.12.1973. She is a graduate and had passed Junior Diploma in Co-operation. The above Co-operative Bank was a Class V credit Society prior to 1.1.1974 and it is classified as a Class IV Society as per order dt. 23.2.1985. Pursuant thereto, the Bank adopted a staff pattern consisting of one Secretary, Accountant, Senior Clerk, Junior Clerk Attender. First respondent in this Writ Appeal made representations on 31.5.1985 and 2.7.1985 for granting her promotion as Accountant since she was the only senior qualified person entitled to promotion. While so, Administrator took charge of the control of the Bank from 21.6-1985. The second appellant was appointed in the service of the Bank as a field man on 10.12.1970. He has only the qualification of Secondary School Leaving Certificate (failed) and was not having Junior Diploma in Co-operation. He was promoted as Junior Clerk on 4.11.1972 and later promoted as Cashier-cum-Clerk. The above post was also equivalent to the post of Junior Clerk. It was alleged that he influenced the Administrator as well as the Joint Registrar for granting him promotion. Therefore, first respondent filed O. P. No. 7272 of 1985 seeking a writ of mandamus directing the Joint Registrar of Co-operative Societies and the Administrator to promote her to the post of Accountant and to pass other consequential orders. This Court disposed of the Writ Petition on 14.2.1986 with a direction to the Joint Registrar and Administrator to dispose of the representation submitted by the petitioner after hearing all the parties. On the basis of the above, the second appellant was reverted by proceedings dt. 17.3.1986. The 'Administrator finalised the seniority list on 5.4.1986 (Ext. P3), Against that original petitioner filed another representation Ext. P4, dt. 26.10.1986 before the Board of Directors. The Joint Registrar gave approval to relax the qualification of the second appellant on 21.4.1986 and consequently, his appointment as Accountant was approved, eventhough he had no requisite qualification. The original petitioner filed a revision petition before the Government of Kerala challenging the order of the Joint Registrar approving relaxation of qualification in favour of the second appellant. The revision was allowed by the Government by Ext. P5 order dt. 17.9.1987 setting aside the order passed by the Joint Registrar dt. 11.2.1986. Second appellant thereupon challenged the above order before this court by filing O. P. No. 7746 of 1987. This Court directed the Government to consider the matter afresh after giving an opportunity of being heard to all parties. Ext. P6 representation was then filed. By Ext. P7 dt. 20.8.1988, Government passed an order holding that second appellant was not entitled to exemption from qualification. It was also found that second appellant was never posted as Cashier and mat he was only a Cashier-cum-Clerk which has to be taken on par with the Clerk. It was also found that the departmental officers favoured the second appellant, Government therefore, ordered that promotion given to the second appellant as Accountant was not in order and the original petitioner has got better claims for the post of Accountant. Accordingly, second appellant was reverted from the post of Accountant and promoted the original petitioner as Senior Clerk with effect from 12.2.1986 and as Accountant from 19.9.1988. The second appellant through the first appellant union raised an industrial dispute challenging me reversion and it was














Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top