IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP No. 4423 of 2001(B)
1. K.P.PRABHAKARAN NAIR
... Petitioner
Vs
1. LABOUR COURT
... Respondent
For Petitioner :SRI.N.GOVINDAN NAIR
For Respondent :SRI.A.JAYASANKAR
The Hon'ble MR. Justice KURIAN JOSEPH
Dated :30/03/2007
O R D E R
KURIAN JOSEPH, J.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
O.P.NO.4423 OF 2001
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dated this the 30th day of March 2007
JUDGMENT
The challenge is on Ext.P2 order passed by the Labour
Court, Ernakulam in I.D.134/1996. The Labour court held
that the petitioner being the Secretary of the second
respondent/Society cannot be treated as a workmen. In
Ulahannan v. Labour Court [1996 (3) ILR Kerala 766],
division bench of this court has considered a similar issue and
has held that a person holding a managerial post and having
control over the entire administration of the society cannot be
treated as ‘workman’. In the counter affidavit filed on behalf
of the second respondent/Society, it is stated that the
petitioner was the Secretary and Chief Executive Officer of
the society and was the custodian of cash, records and stock
of the society. It is also stated that the duties of the petitioner
had been mainly managerial and administrative in character.
In view of the above factual and legal position, there is no
O.P.NO.4423 OF 2001
2
merit in this writ petition. Accordingly, this writ petition is
dismissed.
KURIAN JOSEPH, JUDGE
jes