VidhiSangh

Supreme Court of India · 12/01/2018

SMT. K. A. ANNAMMA versus THE SECRETARY, COCHIN CO-OPERATIVE HOSPITAL SOCIETY LTD.

[2018] 1 S.C.R. 287 · 2018 INSC 26

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Summary

An employee challenged the setting aside of a Labour Court award on the ground that Kerala cooperative legislation excluded industrial-dispute jurisdiction. Applying Dharappa and distinguishing Karnataka’s express exclusion amendment, the Court held that both Kerala cooperative and industrial-dispute forums had concurrent jurisdiction, subject to the Industrial Disputes Act’s threshold requirements.

Issues

  1. Whether section 69 of the Kerala Co-operative Societies Act excluded Labour Court jurisdiction over a cooperative society employee’s service dispute.

Provisions considered

Held

Result

Appeal allowed and impugned judgment set aside; case remanded to the writ court for consideration of the employer’s challenge to the Labour Court award on merits.

Judgment PDF: Supreme Court of India, [2018] 1 S.C.R. 287.