Judges : CHANDRASEKHARA MENON
SANKARAN - Appellant
Versus
DY.REGISTRAR OF CO-OPERATIVE SOCIETIES, KOZHIKODE - Respondent
Case No : O. P. No. 3509 of 1974
Decided On : 01/03/1975
Advocates Appeared :
T. L. Viswanatha Iyer; For Petitioner Government Pleader; For Respondent
Co-operative Societies Act - Dismissal from Service - Specific Relief Act, Industrial Disputes Act - Madras Co-operative Societies Act, 1932, Kerala Co-operative Societies Act, 1969 - S.69 - The court discussed the reliefs sought by the petitioner, the exceptions to the rule of not forcing an employer to retain an employee, and the limitations of the civil court in granting the reliefs. It referred to various Supreme Court cases to establish that the civil court cannot grant the reliefs sought by the petitioner and that the disputes contemplated in S.69 of the Act are not within the jurisdiction of the civil court. The court also highlighted the distinction between private and public employment and the limitations of the civil court in granting specific performance of service.
Fact of the Case:
The petitioner, an employee of a Co-operative Credit Society, was dismissed from service and sought a declaration that the dismissal was void and for arrears of salary and allowances. The suit was dismissed by the first respondent, and the petitioner sought a writ of certiorari for quashing this order.
Finding of the Court:
The court found that the reliefs sought by the petitioner could not be granted by the civil court and that the disputes contemplated in S.69 of the Act are not within the jurisdiction of the civil court. The court dismissed the O.P. without costs.
Issues: The issues raised by the petitioner included the maintainability of the suit before the first respondent, the jurisdiction of the civil court in granting the reliefs sought, and the validity of the dismissal from service.
Ratio Decidendi: The court established that the civil court cannot grant the reliefs sought by the petitioner and that the disputes contemplated in S.69 of the Act are not within the jurisdiction of the civil court. It also highlighted the distinction between private and public employment and the limitations of the civil court in granting specific performance of service.
Final Decision: The O.P. was dismissed by the court without costs.
1. The petitioner worked as a clerk and then as an Accountant under the second respondent-a Co-operative Credit Society (the society for short). The Society originally registered under the Madras Co-operative Societies Act, 1932 is now under the relevant provision of the Kerala Co-operative Societies Act, 1969 (hereinafter called the Act) deemed to be registered under the Act. He had joined the service of the Society on 14 -12 -1957 as a clerk and then promoted as Accountant on 28 - 3 -1960. He was promoted as Treasurer of the Society on the basis of his seniority on 25 - 7-1966. The petitioner has got a case that his promotion was made reluctantly by the Board of Directors of the Society who were really forced to do so when he objected strongly when a junior of his, one P. Narayanan Nair was sought to be promoted to that post. The allegation is that this made the Directors ill-disposed towards him.
2. The petitioner's contentions in the O.P. are that as a result of the ill-will of the Directors against him, he was dismissed from the service of the Society illegally and in violation of the principles of natural justice on 23-1-68, the dismissal being made effective from 24 -12 - 66. The facts leading rise to this dismissal from service are narrated in para 4 of the petition; but it is not necessary to go into the details therein in view of the contentions in the O.P. This dismissal from service-illegal and void in law according to the petitioner-was, questioned in a suit which the petitioner filed before the Munsiff's court, Payyoli wherein a declaration that the order of dismissal is void and that he should be retained in his status as an employee of the Society was prayed for. The suit was transferred to the Sub Court, Badagara and stood posted for trial, when the plaint was returned on objection raised by the Society that the suit in a civil court is not maintainable and that the petitioner has to seek his remedy under S.69 of the Act before the first respondent-the Deputy Registrar of Cooperative Societies The plaint was accordingly represented before the first respondent as one under S.69 of the Act. However, on a preliminary objection raised by the Society the first respondent held that proceedings under S.69 of the Act will not lie in this matter and the proper and competent authority which the petitioner could approach for redress of his grievances as prayed for is the Industrial Court under the Industrial Disputes Act. Therefore the suit was dismissed by the first respondent. Ext. P2 is the order of dismissal as marked in this proceedings and the petitioner seeks for a writ of certiorari for quashing this order.
3. The questions raised by the petitioner in this O. P. are:
(i) Reliefs which the petitioner had sought before the first respondent are of such nature which a civil court could grant in a properly framed suit and therefore the first respondent could have certainly entertained the suit.
(ii) The Co-operative Societies Act is a special enactment so far as the co-operative Societies are concerned and all disputes of the nature specified in S.69 have to be adjudicated by the authority constituted under that Act. The Industrial Disputes Act is a general law so far as employer-employee relationship is concerned and has to give way to special law, namely the Co-operative Societies Act, so far as employees of Co-operative Societies are concerned.
(iii) The order of dismissal is void and the petitioner retains his status as an employee under the Society. There is no necessity to set aside the order of dismissal and hence also for a direction for reinstatement. The petitioner's prayer is for arrears of salary and allowances, which a civil court and hence the first respondent, would be competent to grant.
These contentions strongly pressed before me by Mr. T. L. Viswanatha Iyer, learned counsel for the petitioner, are unsustainable in view of the various decisions of the Supreme Court and of this court on the matt
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