High Court of KeralaSingle Judge2011-02-03Disposed of by dismissal of writ petition; alte...

Subash K.V. and others v. Kerala State Co-Operative Hospital Complex and Centre for Advanced Medical Services Ltd.

Case / Petition Number:WP(C).No.30197 of 2010 (Y)

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. N. Ravindran
Judgment Date: 2011-02-03
Court Decision / Holding: The writ petition is dismissed. The petitioners are left free to raise the dispute before the Cooperative Arbitration Court or to pursue resolution under the Industrial Disputes Act, thereby recognizing concurrent remedies rather than exclusive jurisdiction of the High Court.
Final Disposition: Disposed of by dismissal of writ petition; alternative remedies suggested

Parties to the Case

Appellants / Petitioners

Subash K.V. and others (39 petitioners listed in the document)

Respondents

Kerala State Co-Operative Hospital Complex and Centre for Advanced Medical Services Ltd., Pariyaram, Kannur-670 503, rep. by the Managing Director
Joint Registrar of Co-operative Societies, Kannur
State of Kerala, represented by the Secretary to the Government, Co-Operative Societies Department, Secretariat, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Respondents

• P.V.Surendranath for R-1
• Bindumol Joseph for R-1
• B.S.Syamanthak for R-1 Government Pleader
• Basant Balaji for R-2 and R-3

Case Synopsis & Summary

Petitioners Subash K.V. and others, nursing assistants employed in the Kerala State Cooperative Hospital Complex and Centre for Advanced Medical Services Ltd. at Pariyaram, Kannur, approached the Kerala High Court with a writ petition seeking mandamus to regularise their services and reckon their past service for all purposes. The petition described a large cohort of daily-wage and contract employees across nursing and support posts, asserting that they had rendered long service and should be treated as regular employees. The respondents, including the hospital management and State authorities, denied that the petitioners had continued in service in a manner warranting regularisation, contending that it is a dispute that must be resolved within the co‑operative framework or under the Industrial Disputes Act. The court observed that the core dispute falls within Section 69(1) of the Kerala Co-operative Societies Act, which defines 'dispute' in the cooperative sector. Relying on a Division Bench decision in Thodupuzha Taluk General Marketing Co‑operative Society v. Michael Sebastian (2010) 1 KLT 938, the judge held that the remedies for such disputes are concurrent and not exclusive to the High Court. Consequently, the writ petition was dismissed with liberty for the petitioners to approach the Cooperative Arbitration Court or to pursue relief under the Industrial Disputes Act, keeping their contentions alive for resolution before the appropriate forum.

Provisions of Law Cited

Kerala Co-operative Societies Act, 1969 - Section 69(1)

Legal Doctrines & Maxims

Remedies under the Kerala Co-operative Societies Act and the Industrial Disputes Act are concurrent
Definition of 'dispute' under Section 69(1) of the Kerala Co-operative Societies Act, 1969

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that they were employed on daily wages and on contract basis in various posts in the hospital run by the first respondent society. They seek regularisation in service and reckoning of their past service for all purposes, asserting that they were in service on the date of filing the writ petition. They argue that mandamus should issue to regularise their status as regular employees given long service and the nature of their postings.

Contentions of Respondents

The respondents argued that the dispute concerns regularisation, but under Section 69(1) of the Kerala Co-operative Societies Act, such disputes must be resolved through the Cooperative Arbitration Court or under the Industrial Disputes Act. The writ petition should be dismissed as the remedy is not in the writ jurisdiction; the Division Bench decision cited confirms concurrent remedies.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Thodupuzha Taluk General Marketing Co op. Society v. Michael Sebastian	2010 (1) KLT 938	Positive	The Division Bench held that remedies are concurrent (cooperative arbitration and ID Act), supporting the court’s view to route the dispute to alternative forums rather than grant mandamus.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 3RD FEBRUARY 2011 / 14TH MAGHA 1932 WP(C).No. 30197 of 2010(Y) -------------------------- PETITIONER(S): --------------- 1. SUBASH K.V., S/O. NARAYANAN P.V., AGED 29 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KOLIYADAN VEEDU, KODAKKAD P.O., THRIKKARIPUR VIA. 2. REENA K.V., D/O. BALAKRISHNAN, AGED 32 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KEENERI HOUSE, KUNIYIL P.O., KARIVELLORE. 3. ROOPESH K., S/O. ANANDAN, - AGED 25 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KUNNUMMAL HOUSE, ALACHERRY P.O., CHITTARIPARAMBA VIA, KANNUR DISTRICT. 4. MAYA P. DAMODARAN, D/O. DAMODARAN, AGED 30 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PUZHAKKARA HOUSE, CHITTADI P.O., ALAKKODE VIA, KANNUR DISTRICT. 5. SANDEEPKUMAR M., S/O. KRISHNAN, AGED 27 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT VAYAMBIL HOUSE, PARAKKALAYI P.O., ANANDASRAMAM VIA, KASARAGOD DISTRICT. 6. MADHU M.V., S/O. NARAYANAN, AGED 25 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KARIYIL HOUSE, C POYIL P.O., PARIYARAM, KANNUR DISTRICT. 7. ANIMOL T., W/O. SHAJI, AGED 31 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT VELIKKAKATHOTT VEEDU, PERUL ROAD, M.M.BAZAR P.O., KANNUR DISTRICT. WP(C).No. 30197 of 2010(Y) 2 8. SAPNA T., D/O. RAGHAVAN, AGED 34 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT OLATT VAYAL, KOTTALI P.O., ATHAZHAKUNNU, KANNUR DISTRICT. 9. ARCHANA M., D/O. BALAN, AGED 29 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT CHALIL PALERI, KUTTOOR P.O. 10. SURESH KUMAR K., S/O. RAGHAVAN, AGED 36 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT VELLAKKAD VEEDU, KARIPAL P.O., CHAPPARAPPADAVU VIA. 11. SANIL KUMAR V., S/O. NARAYANAN, AGED 31 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT 'SREERAGAM', KOYYODE P.O., KADACHIRA. 12. SREEKALA K.K., D/O. KRISHNAN NAIR, AGED 35 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KANA HOUSE, K.P.NAGAR, PERINGOM. 13. REKHA VENGA, D/O. KRISHNAN, AGED 29 YRS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDNG AT 'RAMALAYAM', THILLANKERI, MATTANNUR. 14. SHYJU K., S/O. P.KANNAN, AGED 26 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PILAKKA VEEDU, NEDUVALOOR, CHUZHALI P.O. 15. SUJITHA C., D/O. RAMACHANDRAN, AGED 29 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KUPPATH HOUSE, PILIKKODE P.O., KASARAGOD DISTRICT. 16. RAJEEVAN K., S/O. GOVINDAN NAIR, AGED 36 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KEEPPILLATH HOUSE, PERUL, KANNUR DISTRICT. 17. SABITHA P.V., D/O. RADHAKRISHNAN P.V., AGED 29 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT THERUVATH HOUSE, AJANOOR P.O., ANANDASRAMAM VIA, KASARGOD DISTRICT. WP(C).No. 30197 of 2010(Y) 3 18. SHIJO K., S/O. M.DAMODARAN MASTER, AGED 30 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT 'SREERATHAM', P.O.PARIYARAM. 19. DOLAMMA VARGHESE, D/O. VARGHESE, AGED 41 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT ARAKKAL HOUSE, ERUVATTY P.O., KANNUR DISTRICT. 20. ALEYKUTTY P.M., D/O. MATHAYI, AGED 47 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PUTHANPURAYIL HOUSE, OTTATHAI P.O., KANNUR DISTRICT. 21. JESSY MATHEW, D/O. MATHEW, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT NIRAPPIL HOUSE, PUNNAKKAL P.O. 22. BUSHRABI M., D/O. BASHEER, AGED 27 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PAROL HOUSE, NELLIPARA P.O., ALAKODE, KANNUR DISTRICT. 23. DEEPTHI K.P., D/O. DAMODARAN, AGED 28 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT MURALI NIVAS, KEEZHTHALLI, THAZHE CHOVVA P.O., KANNUR DISTRICT. 24. NARAYANAN M.V., S/O. ANANDAN NAMBIAR, AGED 47 YEARS, WARD HELPER, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT MAVILA VEETTIL, CHERIKODE P.O., SREEKANDAPURAM, KANNUR DISTRICT. 25. ANILKUMAR P., S/O. BALAN, AGED 37 YEARS, OPERATION THEATRE HELPER, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PUDUKKUDI HOUSE, KOTHERI, MATTANNUR P.O., KANNUR DISTRICT. 26. BINDHU P., D/O. NARAYANAN, AGED 34 YRS, SWEEPER, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PERINGOM P.O., PAYYANNUR, KANNUR DISTRICT. 27. SAJINI K., D/O. NARAYANAN, AGED 25 YRS, SWEEPER, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT AJITH NIVAS, PILATHARA P.O., MANDUR, KANNUR DISTRICT. 28. BINDHU M.K., D/O. KAYAMA, AGED 31 YEARS, SWEEPER, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT UVVAPPALLI HOUSE, IRITTY VIA. WP(C).No. 30197 of 2010(Y) 4 29. SHIMILA C., D/O. K.BABU, AGED 25 YEARS, SWEEPER, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PARAPPIL VAYAL, LAKSHAM VEEDU, KATTAMBALLI PO., KANNUR DISTRICT. 30. BEENA A., D/O. KUNHIRAMAN, AGED 36 YRS, SWEEPER, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KUNNATH HOUSE, NANIYOOR NABRAM, MULLAKODI, MAYYIL, KANNUR DISTRICT. 31. SUNITHA P., D/O. DAMODARAN, AGED 28 YRS, SWEEPER, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PARAKKAL HOUSE, KUTTIYERI P.O., NELLIPPARAMBU, KANNUR DISTRICT. 32. SREEJESH P., S/O. RAMUNNI KURUP, AGED 28 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, PALAKKAL HOUSE, ATHIYAMBOOR, KANHANGAD P.O., KASARAGOD DISTRICT. 33. SAJU P.K., S/O. PANJALI, AGED 26 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, PANNIYOOR HOUSE, KUNDERY, CHITTADI P.O., KANNUR DISTRICT. 34. SREEJITH O., S/O. KARUNAKARAN, AGED 27 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, KODAKKAD, OLATT P.O., KASARAGOD DISTRICT. 35. SANTHOSH R., S/O. BHASKARAN, AGED 28 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RAYAROTH HOUSE, MAYYIL P.O., KANNUR DISTRICT. 36. SRUTHI P., D/O. RAMESHAN, AGED 24 YEARS, NURSING ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, SRUTHI NIVAS, KAMETH, ANJARAKANDY, MAMBA P.O., KANNUR DISTRICT. 37. PAVITHRAN P., S/O. KUNHIRAMAN, AGED 53 YEARS, PHARMACY ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT PARAMBOL HOUSE, VANKULATH VAYAL, AZHIKODE, KANNUR-9. 38. K.MOHANAN, S/O. A.P.KUNHIRAMA PODUVAL, AGED 48 YEARS, PHARMACY ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT KARIPATH HOUSE, THAYINERI, PAYYANNUR-670 307. WP(C).No. 30197 of 2010(Y) 5 39. P.GIREESHAN, S/O. NARAYANAN, AGED 48 YEARS, PHARMACY ASSISTANT, KSCHC & CAMS LTD., PARIYARAM, RESIDING AT POKKATH HOUSE, P.O.KUTTIKKAKAM, EDAKKAD, KANNUR-7. BY ADV. SRI.R.SURENDRAN RESPONDENT(S): - --------------- 1. KERALA STATE CO-OPERATIVE HOSPITAL COMPLEX AND CENTRE FOR ADVANCED MEDICAL SERVICES LTD.NO.4386, PARIYARAM, KANNUR-670 503, REP.BY THE MANAGING DIRECTOR, KERALA STATE CO-OPERATIVE HOSPITAL COMPLEX AND CENTRE FOR ADVANCED MEDICAL SERVICES LTD.NO.4386, PARIYARAM, KANNUR-670 503. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KANNUR. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, CO-OPERATIVE SOCIETIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. ADV. SRI.P.V.SURENDRANATH FOR R-1 SMT.BINDUMOL JOSEPH FOR R-1 - SRI.B.S.SYAMANTHAK FOR R-1 GOVERNMENT PLEADER SRI.BASANT BALAJI FOR R2 AND R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **P.N.RAVINDRAN, J. ----------------------------------------W.P(C).No.30197 of 2010 ----------------------------------------Dated this the 3[rd] day of February, 2011** ## **JUDGMENT** Heard the learned counsel on both sides. 2. The petitioners, who were working on daily wages and on contract basis in various categories of posts in the hospital run by the first respondent society, have filed this writ petition seeking a writ in the nature of mandamus commanding the first respondent to regularise them in service after reckoning their past service for all purposes. Shorn of details, the dispute between the petitioners and the first respondent is whether the petitioners are entitled to be regularised in service. Though the petitioners assert that they were in service on the day the writ petition was filed the first respondent has filed a counter affidavit denying the said averment. 2. It is evident from the materials presently on record that what the petitioners claim is regularisation in service, which according to me is a dispute falling within the definition of the term “dispute” occurring in section 69(1) of the Kerala Co- ## **W.P(C).No.30197 of 2010** -:2:- operative Societies Act, 1969. Such a dispute will necessarily have to be resolved either by the Co-operative Arbitration Court or under the Industrial Disputes Act. A Division Bench of this _**-**_ Court has in _**Thodupuzha Taluk General Marketing Co op. Society v. Michael Sebastian**_ , 2010 (1) KLT 938 held that the remedies are concurrent. In such circumstances I am of the opinion that the petitioner should invoke either of the two remedies instead of seeking the intervention of this Court at this stage. I accordingly dismiss the writ petition leaving open the petitioners' contentions and reserving liberty with them to raise the dispute before the Cooperative Arbitration Court or take steps to have the dispute resolved under the Industrial Disputes Act. **P.N.RAVINDRAN, Judge.** **ahg.** **P.N.RAVINDRAN, J. --------------------------W.P(C).No.30197 of 2010 ----------------------------** ## **JUDGMENT** **3[rd] February, 2011**