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2013 Supreme(Ker) 808

S.S.SATHEESACHANDRAN
IRITTY RANGE KALLUCHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM LTD. – Appellant
Versus
JOSEPH – Respondent


Advocates Appeared:
For the Appellant : P.V. Surendranath, Bindumol Joseph, B.S. Syamanthak
For the Respondent: P. Chandrasekhar, P.M. Satheesh

JUDGMENT :

S.S. Satheesachandran, J.

Petitioner is a Co-operative Society. Challenge in the O.P. invoking the visitorial jurisdiction of this Court under Article 226 of the Constitution is against Ext. P3 order passed by the Labour Court, Kannur in a claim petition filed by the respondent under S. 33C(2) of the Industrial Disputes Act, hereinafter referred to as the Act. Respondent, admittedly, was a workman of the society. He was suspended from service with effect from 03.08.2008 and, later, dismissed from service after a domestic enquiry, for serious misconduct, allegedly, proved against him. His termination from service by dismissal was by order dated 16.12.2009. Claim petition under S. 33C(2) of the Act was moved by petitioner after his dismissal from service. He claimed subsistence allowance for the period from 8.8.2008 to 7.12.2009 at the rate of 50% for the first three months, at 75% for the next three months and full wages for the remaining period. He claimed a total sum of Rs. 84,075/- as amount due as subsistence allowance from his employer/petitioner Society. Claim was resisted by the Society contending that the order of suspension has merged with the order of dismissal of












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