Secretary, Thalore Service Co-operative Bank Limited v. C.M. Indira

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** **PRESENT:** ## **THE HONOURABLE MR.JUSTICE S.SIRI JAGAN** **TUESDAY, THE 15TH DAY OF JANUARY 2013/25TH POUSHA 1934** ## **WP(C).No. 17455 of 2006 (C)** **---------------------------** ## **PETITIONER(S):** **--------------------------** **SECRETARY, THALORE SERVICE CO-OPERATIVE BANK LIMITED NO.435,THALORE P.O.,THRISSUR- 680306.** **BY ADVS.SRI.C.HARIKUMAR SRI.RAVIDASAN.N.S.** ## **RESPONDENT(S):** **----------------------------** **C.M.INDIRA, CHEMPALIPURATHUMARATHU VEEDU,THALORE P.O. OLLUR (VIA),THRISSUR.** **R,R1 BY ADV. SRI.P.RAMAKRISHNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-01-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** _acd_ ## _**WP(C).No. 17455 of 2006 (C)**_ ## **APPENDIX** ## **PETITIONER'S EXHIBITS** **EXT.P1: COPY OF THE RELEVANT PAGES OF THE MINUTES DT 22/1/99 OF THE MANAGING COMMITTEE. EXT.P2: COPY OF THE COMMUNICATION DT 23/10/02 INFORMING THE LABOUR INSPECTOR OF THE TERMINATION OF THE SERVICE OF THE RESPONDENT. EXT.P3: COPY OF THE CLAIM STATEMENT DT 1/12/03. EXT.P4: COPY OF THE AWARD DT 4/4/05 IN I.D.NO.58/03 ON THE FILE OF THE INDUSTRIAL TRIBUNAL, PALAKKAD.** ## **RESPONDENT'S EXHIBITS: NIL.** ## _**TRUE COPY**_ _**PA TO JUDGE.**_ _acd_ ## **S. SIRI JAGAN, J.** ------------------------------------------- ## W.P.(C)No.17455 of 2006 ---------------------------------------------Dated this the 15[th] day of January, 2013 ## **JUDGMENT** The petitioner herein is a Co-operative Society. They appointed the respondent as a Part Time Sweeper on temporary basis in the Society. She worked continuously for three years. Thereafter, suddenly she was terminated from service without following the procedure prescribed in the Industrial Disputes Act for retrenching workmen. The respondent raised an industrial dispute alleging that she was retrenched from service illegally in violation of the provisions of the Industrial Disputes Act. The industrial dispute was referred to the Industrial Tribunal, Palakkad, who adjudicated the same as I.D.No.58 of 2003. In that I.D., the Tribunal adjudicated the following issue: “Whether the termination of employment to Smt. Indira, Part-time Sweeper of Thalore Service Cooperative Society is justifiable? If not what relief she is entitled to?” After considering the evidence adduced by both sides, the Tribunal found that the termination of service of the respondent W.P.(C)No.17455/06 2 was unjustifiable and therefore, she is entitled to the relief for reinstatement with continuity of service, but without backwages on the same terms and conditions on which she was employed prior to 1.4.2000. Ext.P4 is the award of the Tribunal in that Industrial Dispute. The petitioner is challenging that award. The contention of the petitioner is that the post of Part Time Sweeper is borne on the service of the petitioner Society and therefore, appointment could have been made to that post only after complying with the procedure prescribed under law, which was not done in the case of the respondent. Therefore, termination of her service does not attract the provisions of the Industrial Disputes Act. In support of that contention, the petitioner relies on the Division Bench decision of this Court in _**Koodaranji Service**_ _**Co-op. Bank Ltd.**_ v. _**Lissy**_ [ _**1993(2) KLT 706]**_ . The petitioner, therefore, contends that the award is contrary to the said decision and therefore, liable to be set aside. 2. The learned counsel for the respondent submits that no post of Part Time Sweeper has been sanctioned to the W.P.(C)No.17455/06 3 bank by the Registrar of Co-operative Societies and therefore, the post of Part Time Sweeper is not one borne on the service of the petitioner. Hence, the decision in _**Koodaranji Service Co-op. Bank Ltd's case (Supra)**_ is not applicable to the fact situation. It is pointed out that what the Tribunal has done is to direct the petitioner to reinstate the respondent with continuity of service, but, without backwages on the same terms and conditions on which she was employed prior to 1.4.2000. According to the learned counsel for the respondent, the Tribunal has only held that the termination of service of the respondent was without complying with the provisions of Section 25F of the Industrial Disputes Act and therefore, the same is bad. The fact that the procedure contemplated by Section 25F of the Industrial Disputes Act has not been complied with, is not disputed. That being so, the retrenchment of the service of the respondent is clearly illegal and therefore, there is nothing illegal in the award of the Tribunal is the contention raised. 3. I have considered the rival contentions in detail. 4 W.P.(C)No.17455/06 4. I am of opinion that _**Koodaranji Service Co-op. Bank Ltd's case (Supra)**_ is applicable only in respect of a sanctioned post. Of course, in Appendix III of the Co-operative Societies Rules, the post of Part Time Sweeper is mentioned. But, that is an admissible post over and above posts sanctioned in the Appendix itself, provided there is sufficient area for sweeping at the rate of one Part Time Sweeper each for every 800 square feet. For creation of such posts the Society will have to get the post sanctioned by the Registrar of Co-operative Societies. The petitioner has no case that the post has been sanctioned by the Registrar of Cooperative Societies. Therefore, as such, the respondent is entitled to claim benefits of the Industrial Disputes Act, insofar as the particular post is concerned. The decision in _**Koodaranji Service Co-op. Bank Ltd's case (Supra)**_ cannot be pressed into service to deny the respondent the benefits of the provisions of the Industrial Disputes Act. The respondent was terminated from service without complying with the provisions of Section 25F of the Industrial Disputes Act. That 5 W.P.(C)No.17455/06 being so , the termination of service is clearly illegal. In that view, I do not find any merit in the challenge against Ext.P4 award. Accordingly, the writ petition is dismissed. ## **S. SIRI JAGAN, JUDGE** acd W.P.(C)No.17455/06 6 W.P.(C)No.17455/06 7