SMT. GEETHA NARAYANAN, AGED 51 YEARS, W/O. NARAYANAN, CUPPLINGATTU MANA, CHELAMATTOM, OKKAL POST, PERUMBAVOOR, PIN 683 550, ERNAKULAM Vs. THE LABOUR COURT, ERNAKULAM, PIN 682 031

JUDGEMENT

(1.) The short issue in this writ petition is with regard to a finding in Ext.P-5 award of the Labour Court, Ernakulam, that the dispute between the employee of Sreeekrishna Swamy Temple of Chelamattam and Chelamattam Dewaswom is not tenable as the labour court has no jurisdiction.

(2.) At the outset, it is pointed out by the learned counsel for the petitioner, who was an employee of the temple, that the labour court entered into such a finding without affording the petitioner an opportunity of hearing. It is submitted that the Labour Court heard the matter on the preliminary issue of the propriety and validity of the domestic enquiry and came out with the award, holding that the labour court has no jurisdiction in the light of a Division Bench decision of this Court in Cherinjumpatty Thampuratty Vs. State of Kerala [2004 (3) KLT 303].

(3.) The learned counsel for the 2nd respondent Dewaswom, would argue that an employee of the temple cannot be treated as an employee of the industry; and therefore, the labour court award has to be sustained.