IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(C).No. 12949 of 2010(P) -------------------------- ID.7/2010 of LABOUR COURT, KOLLAM .................... PETITIONER(S): --------------- THE PALLICHAL FARMERS SERVICE CO-OPERATIVE BANK LTD. NO.T-677, VEDIVECHANKOVIL P.O., THIRUVANANTHAPURAM REPRESENTED BY THE MANAGING DIRECTOR. BY ADV. SRI.T.M.RAMAN KARTHA SMT.MANJU R.KARTHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LABOUR AND REHABILITATION DEPARTMENT, THIRUVANANTHAPURAM. 2.N.K.RAJENDRAN, RASALAYAM, PALLICHAL P.O. BALARAMAPURAM, THIRUVANANTHAPURAM 3. THE DISTRICT LABOUR OFFICER, THIRUVANANATHAPURAM. BY GOVT.PLEADER SRI.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------ W.P.(C)No.12949 OF 2010 ------------------------ Dated this the 20th day of April, 2010 JUDGMENT By Ext.P2 order dated 5/6/2007, the Sub Committee of the Managing Committee of the petitioner Society dismissed the second respondent herein, one among the employees of the petitioner society from service with effect from 5/6/2007. The second respondent thereupon raised a dispute. Attempts for conciliation failed. The matter was reported to the Government. The Government after examining the records, passed Ext.P5 order referring the dispute between the petitioner and the second respondent to the Labour Court, Kollam for adjudication. Thereupon, the 2nd respondent filed a claim statement before the Labour Court. This Writ Petition is filed contending that the Labour Court has no jurisdiction to entertain the dispute between the petitioner and the second respondent. On that ground, the petitioner challenges Ext.P5 and seeks a declaration that the Labour Court, Kollam is not competent to entertain the dispute. 2. The issue raised by the petitioner is squarely covered against them by the decision of a learned Single Judge of this court in A.R.Nagar Service Co-operative Bank v. State of Kerala (2010 (1) KLT 55) and of the Division Bench of this Court in Thodupuzha Taluk General Marketing Co-operative Society v. Michael Sebastian (2010 (1) KLT 938). The learned Single Judge and the Division Bench have in the aforesaid decisions held that the Labour Court and the Co- operative Arbitration Tribunal have concurrent jurisdiction to entertain disputes raised by employees of Co-operative Societies. In the light of the authoritative pronouncements of this Court, the petitioner cannot in my opinion, successfully challenge Ext.P5 order of reference passed by the Government. The Writ Petition fails and it is accordingly dismissed. P.N.RAVINDRAN, JUDGE. dpk