CHERINJUMPATTY THAMPURATTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The question that has come up for consideration in this case is whether the Government has got the power to refer a dispute between an employee and a temple governed by the provisions of the Hindu Religious and Charitable Endowments Act, 1951 to the Industrial Tribunal in exercise of the powers conferred under S.10(1)(d) of the Industrial Disputes Act, 1947.

(2.) This Writ Petition has been preferred by the Trustee of Pandamangalam Devaswom questioning the legality of the Government Order dated 20.12.2003 referring the dispute to the Industrial Tribunal. Fifth respondent was working as a Vazhipadu Clerk in the Pandamangalam Sreekrishna Temple. He was suspended by the Devaswom by its order dated 25.4.2002 pending enquiry into the allegations of misbehaviour and financial misappropriation. Fifth respondent submitted his reply which was found unsatisfactory and charge sheet was served on him. The explanation given by the 5th respondent to this charge sheet was found unsatisfactory and an enquiry was ordered to the charges levelled against him. Enquiry officer was appointed. Enquiry officer conducted a detailed enquiry and found the 5th respondent guilty of charges framed against him. A copy of the report was sent to the 5th respondent and his explanations were called for. A show cause notice was served on him to show cause why he shall not be dismissed from service.

(3.) The fifth respondent however, on 20.1.2003 submitted a petition before the 4th respondent Labour Officer, Malappuram complaining about the order of dismissal. Labour Officer on 25.1.2003 directed the 5th respondent and the petitioner to appear before him for conciliation on 26.3.2003. The files relating to the disciplinary action were also called for. Petitioner's representative was asked to reinstate the 5th respondent, but the same was refused. Petitioner pointed out to the 4th respondent that he has no jurisdiction to deal with the dispute which falls under the H.R. & C.E. Act. Fourth respondent did not return the files and referred the matter to the Government. Government in exercise of the powers conferred under S.10(1)(d) of the Industrial Disputes Act referred the matter vide its order dated 20.12.2003 to the Industrial Tribunal, Palakkad for adjudication. Dispute was numbered as I.D. No.7/04 and summons was issued to the petitioner directing her to appear before the Tribunal on 12.2.2004.