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2018 Supreme(Ker) 456

V.CHITAMBARESH, SATHISH NINAN
Anapanthy Service Co-Operative Bank Ltd. – Appellant
Versus
P. K. Thomas, S/O Kurian – Respondent


Advocates Appeared:
For the Petitioner: Sri. M.Ramesh Chander (Sr.), Sri. Aneesh Joseph, Sri. John Thitheemos, Advs.
For the Respondent: Smt. K.R. Deepa, Senior Government Pleader, Sri. R. Surendran, Sri. N.D. Premachandran, Smt. T.J.Seema, Advs, Sri. C.P. Peethambaran

JUDGMENT :

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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