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2007 Supreme(Ker) 57

V.K.BALI, KURIAN JOSEPH, K.BALAKRISHNAN NAIR
M. U. Sherly – Appellant
Versus
The President, Parappuram Milk Producers – Respondent


Judgment :-

Kurian Joseph, J.

In the matter of disciplinary proceedings against an employee of a cooperative society registered under the provisions of the Kerala Cooperative Societies Act, 1969, (hereinafter referred to as 'the KCS Act') once the Registrar exercises his power under Rule 176 of the Kerala Cooperative Societies Rules, 1969 (hereinafter referred to as 'the KCS Rules'), is it open to the aggrieved employee to take recourse to the remedies under the Industrial Disputes Act, 1947 (hereinafter referred to as 'the I.D. Act') is essentially the question referred to the Full Bench. To pose a general question, is an employee subjected to disciplinary proceedings entitled to have his grievance adjudicated before an authority, Forum, Tribunal or Court, which is independent of the executive?

2. The appeal is at the instance of the employee who is the third respondent in the writ petition filed by the society. The society challenged the reference order passed by the Government under Section 10(1)(d) of the I.D. Act, 1947, referring the dispute for adjudication before the Industrial Tribunal. The question referred is "Whether the dismissal of Smt.M.V.Sherly by the Management of Par















































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