COCHIN CO OPERATIVE HOSPITAL Vs. ANNAMMA

JUDGEMENT

(1.) The petitioner is a Co-operative Hospital Society. The first respondent is an employee. She was employed as X-ray Technician. She claims that she is entitled to the Dearness Allowance on the basis of pay drawn by her The allowance claimed by her was at the rate applicable to the Government employees. Her claim was not acceded to by the petitioner. She. therefore. claimed the amount in arbitration proceedings before the Assistant Registrar of Co-operative Societies. The petitioner took up the contention that the first respondent is not entitled to such Dearness Allowance and that she is not entitled to the benefit in terms of Ext. P-1 Government Order and that the first respondent is not a member of staff of a classified Society in terms of Rule 182. included in the Appendix III of the Rules. The arbitrator accepted the contention of the petitioner and dismissed the claim of the first respondent. The first respondent went in appeal before the Co-operative Tribunal. The Tribunal allowed the appeal and directed payment of D.A. as allowed to Government employees.

(2.) It is contended before Court by the petitioner that the petitioner Society will not come under Rule 189(3), and the Appendix III to the Rules and therefore, the petitioner has no liability to pay the rate of D.A. as claimed by her or in terms of Ext. P-.1. Rule 189(3) reads as follows : "All employees of societies shall be eligible for Dearness Allowance at the rates allowed by the Government to their employees." Here. what is mentioned is only Societies. Classification is not made mention of. Classification, as seen from Rule 187. is only for the purpose of Section 80 of the Kerala Co-operative Societies Act. Appendix III to the Rules shows different kinds of Societies so classified. Sub-rule 3 to Rule 189 makes applicable, the Government rate of Dearness Allowance to the employees of all the Co-operative Societies, whether classified or not. Therefore, the petitioner's case fails on the basis of Rule 189(3) of the Co-operative Societies Rules.

(3.) In such circumstances, the order of the Co-operative Tribunal is well justified and is in consonance with Rule 189(3). which the petitioner claims as not applicable to the petitioner Society, as it is not classified in Appendix III to the rules. Rule 189(3) is applicable not only to the classified Societies, but to all the Co-operative Societies registered under the Kerala Co-operative Societies Act. The original petition, therefore, fails. Dismissed, with cost quantified at Rs. 1.500/- payable by the petitioner to the 1st respondent. Petition dismissed.