Back
MURALI PURUSHOTHAMAN
VEERANAKAVU WELFARE CO-OPERATIVE SOCIETY LIMITED – Appellant
Versus
C. SINDHU KUMARI – Respondent
JUDGMENT :
MURALI PURUSHOTHAMAN, J.
1. The petitioner, a Co-operative Society, has filed this writ petition challenging the proceedings initiated by the respondent employee before the Labour Court under Section 2A(2) of the Industrial Disputes Act, 1947, contending that, in view of the remedy available under Rule 198(4) of the Kerala Co-operative Societies Rules, 1969 (hereinafter referred to as ‘the KCS Rules’) the industrial dispute before the Labour Court is not maintainable.
2. The respondent while working as Attender in the petitioner Society was suspended from service in contemplation of disciplinary proceedings. The enquiry initiated pursuant to Ext.P2 memo of charges culminated in Ext.P4 order dismissing the respondent from service. Though Rule 198(4) of the KCS Rules provides for an appeal against an order imposing penalty, she preferred an arbitration case before the Co-operative Arbitration Court under Section 69 of the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as ‘the KCS Act’). Later, she withdrew the same and raised an industrial dispute. Since the Conciliation Officer failed to settle the dispute within 45 days, she filed an application before the
The concurrent jurisdiction of the Industrial Disputes Act and the Kerala Co-operative Societies Act allows an employee to choose the forum for dispute resolution without exhausting remedies under th....
The U.P. Cooperative Societies Act excludes the jurisdiction of the U.P. Industrial Disputes Act for disputes between employees of cooperative societies and the societies.
Under Sec.2A without much delay, preferably within a period of one year from the date of receipt of copy of said application.
Section 69 of the Kerala Co-operative Societies Act excludes Labour Court jurisdiction over employment disputes, designating the Co-operative Arbitration Court as the exclusive forum for resolution.
Trade unions retain the right to represent individual employees in dismissal cases under Section 2(k) of the Industrial Disputes Act, despite the introduction of Section 2-A, which provides wider rem....
The High Court cannot interfere with preliminary orders of the Labour Court, and all issues in an industrial dispute should be decided together without premature intervention.
Workmen of cooperative societies can raise industrial disputes under the U.P. Industrial Disputes Act, 1947, despite being governed by cooperative regulations.
The Labour Court cannot review its own orders except under limited circumstances; jurisdiction persists for adjustments in extraordinary circumstances, especially during the pandemic.
The Labour Court cannot entertain applications under Section 2A of the Industrial Disputes Act, 1947 beyond the three-year limitation period from the date of dismissal, as this limitation is mandator....
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
