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2000 Supreme(Ker) 29

Kerala High Court
ARIJIT PASAYAT,K.S.RADHAKRISHNAN
K.P.Velayudhan - Appellant
Versus
State of Kerala - Respondent
Decided On : 01/18/2000

Advocates:
T. R. Ramachandran Nair, for Appellant; Govt. Pleader, C.T. Ravikumar, (for Nos. 1 and 2) and M. Ramachandran (for Nos. 3), for Respondents.

The central legal point established in the judgment is the interpretation of the provisions of the Kerala Co-operative Societies Act, 1969, particularly regarding the maintainability of revision petitions before the Government under Section 87.

Headnote:

Dispute - Kerala Co-operative Societies Act, 1969 - Section 69, Section 70, Section 82

Fact of the Case:

The appellant, an employee of a cooperative bank, faced disciplinary action resulting in a reduction in rank. He sought redressal under Section 69 of the Kerala Co-operative Societies Act, 1969, but his petition was dismissed. A revision petition was filed before the Government, which was rejected. The appellant appealed to the court, challenging the decision.

Finding of the Court:

The court found that the revision before the Government was maintainable under Section 87 of the Act, contrary to the decision of the learned single Judge. The court set aside the judgment and directed the revision filed before the Government to be heard and disposed of on merits.

Issues: The main issue was the maintainability of the revision petition before the Government under Section 87 of the Act.

Ratio Decidendi: The court interpreted the provisions of Section 69, Section 70, and Section 82, emphasizing that the decision of the Registrar on whether a dispute referred under Section 69 is a dispute is final. The court also highlighted the applicability of Section 87, which provides for revision before the Registrar or the Government in matters where no appeal lies.

Final Decision: The Writ Appeal was allowed, and the judgment passed by the learned single Judge was set aside. The court directed the revision filed before the Government to be heard and disposed of on merits.

Judgement

PASAYAT, C. J. :- Judgment of learned single Judge declining to interfere with Ext. P4 order of Government is under challenge in this Writ Appeal.

2. A brief reference to the factual aspects would suffice. Appellant was an employee of Cheruvathur Farmers Co-operative Bank Ltd. (hereinafter referred to as 'the Bank'). Disciplinary action was initiated against him. Finally, an order directing reduction in rank, as a measure of penalty, was passed. An appeal was preferred before the Board of the Bank which did not succeed. Dispute was raised by the appellant under Section 69 of the Kerala Co-operative Societies Act, 1969 (in short 'the Act'). Same was not entertained by Arbitrator on the ground that the controversy raised by appellant was not a "dispute" within the definition of the expression in Section 69. Accordingly petition filed by appellant was dismissed. A revision petition was filed before Government, purportedly under Section 87 of the Act. Government rejected the said petition holding that the impugned order was one under Section 70 of the Act and was therefore not revisable and only an appeal would lie under Section 82. Appellant moved this Court for interference. View of Government was confirmed in the O.P. and that is why present appeal has been filed.

3. Learned counsel for appellant submitted that on a bare reading of sub-section (4) of Section 69 as it stood at the relevant time, the conclusion of Government cannot be maintained. Learned counsel for the Bank however submitted that the view taken by learned single Judge as well as by State Government does not suffer from any infirmity.

4. In order to appreciate rival submissions, relevant statutory position needs to be noted. Section 69 reads as follows :-

"Section 69.- Disputes to be referred to Registrar :- (1) Notwithstanding anything contained in any law for the

time being in force, if dispute arises,

(a) among members, past members and persons claiming through members, past members and deceased members: or

(b) between a member, past members, or person claiming through a member, past member or deceased member and the society, its committee or any officer, agent or employee of the society; or

(c) between the society or its committee and any past committee, any officer, agent or employee, or any past officer, past agent or past employee, or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the society; or

(d) between the society any other society; or

(e) between a society and the members of a society affiliated to it; or

(f) between the society and a person other than a member of the society who has been granted a loan by the society or with whom the society has or had business transactions or any person claiming through such a person;

or

(g) between the society and a surety of a member, past member, deceased member, or employee or a person other than member who has been granted a loan by the society whether such a person is or is not a member of the society; or

(h) between the society and a creditor of the society, such dispute, shall be referred to the Registrar for decision, and no Court shall have jurisdiction to entertain any suit or other proceeding in respect of such dispute.

Explanation :- In this section and in Sec. 70, the term "Registrar" means the Registrar of Co-operative Societies appointed under sub-section (1) of Section 3 and includes any person on whom the powers of Registrar under this Section and Section 70 are conferred.

(2) For the purposes of sub-section (1), the following shall also be deemed to be disputes, namely :-

(a) a claim by the society for any debt or demand due to it from a member or the nominee, heirs or legal representatives of a deceased member, whether such debt or demand be admitted or not;

(b) a claim by a surety against the principal debtor, where the society has recovered from the surety and amount in respect of any debt or demand due to it from the principal debtor, as a




















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