CHELAMATTOM DEVASWOM Vs. STATE OF KERALA

JUDGEMENT

(1.) The Chelamattom Devaswom has preferred this Writ Petition under Article 226 of the Constitution of India challenging the interim order passed by the Labour court, Ernakulam in I.D. No. 9 of 2013, by which the Labour court concluded that the Chelamattom Devaswom would qualify to be an industry under Section 2(j) of the Industrial Disputes Act, 1947.

(2.) The factual background relating to the proceedings under challenge may be set out as hereunder.

(3.) The 3 respondent, Smt. Geetha Narayanan, was employed as an Accountant in the Chelamattom Devaswom. The Devaswom is engaged in the administration and supervision of the estate and property of the Sreekrishna Temple, Chelamattom. Her service in the establishment was terminated on 17.10.2011 after conducting a domestic enquiry. The 3 respondent challenged the proceedings before the Labour court contending that the alleged misconduct was not proved. The Devaswom on the other hand contested the proceedings by contending that the enquiry was proper. The Labour court by order dated 12.8.2015 passed an award holding that the reference was not maintainable as the Labour court had no jurisdiction to decide the dispute between the employees of Sree Krishna Swami Temple of Chelamattom and Chelamattom Devaswom. Challenging the above order, a Writ Petition was filed which was disposed of by a learned Single Judge with certain directions. The matter was taken in appeal by the Devaswom. By Ext. P5 judgment, the judgment of the Labour court was set aside and the matter was remitted back to the Labour court to reconsider the matter. While disposing of the matter, their Lordships of the Division Bench had occasion to observe as follows in paragraph Nos. 6 and 7 of the judgment: