V.CHITAMBARESH, SATHISH NINAN
Anapanthy Service Co-Operative Bank Ltd. – Appellant
Versus
P. K. Thomas, S/O Kurian – Respondent
Chitambaresh, J.
“Brevity is the soul of wit”
said William Shakespeare in his play Hamlet. Hence our endeavour to write a judgment with brevity.
2. The first respondent delinquent was the Assistant Secretary of the appellant bank run by a Co-operative Society registered under the Kerala Co-operative Societies Act, 1969 ('the Act' for short). The delinquent challenged Ext.P26 proceedings of the disciplinary sub-committee constituted under Rule 198 (2A) of the Kerala Co-operative Societies Rules, 1969 ('the Rules' for short). Neither did the delinquent file an appeal to the managing committee under Rule 198(5) of the Rules nor did he raise a dispute before the Co-operative Arbitration Court under Section 69(2)(d) of the Act. The delinquent did not also invoke the provisions of the Industrial Disputes Act, 1947 [see: K.A.Annamma v. Secretary, Cochin Co-operative Hospital Society Ltd. [(2018) 2 SCC 729]. Ext.P26 proceedings of the sub-committee terminating the services of the delinquent were instead challenged in a writ petition mainly on the ground that principles of natural justice were grossly violated. The delinquent contended that the subcommittee had earlier issued Ext.P22
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