V.CHITAMBARESH, SATHISH NINAN
Ambika – Appellant
Versus
Kottappady Service Co operative Bank Ltd. – Respondent
V. Chitambaresh, J.
1. Can the Co-operative Arbitration Court constituted under the Kerala Co-operative Societies Act, 1969 force an employer society to retain the services of an employee whom it no longer wishes to employ?
2. The dismissal from service of the appellant for charges of misappropriation, forgery, misconduct etc., was set aside by Ext.P12 award of the Co-operative Arbitration Court (‘the Court’ for short). The appellant was directed to be reinstated in the service of the first respondent Co-operative Bank which was affirmed by Ext.P15 judgment of the Co-operative Tribunal (‘the Tribunal’ for short). But the direction to reinstate the appellant in service was set aside in the Writ Petition filed by the Co-operative Bank even after finding that the charges were not proved. The case was remitted to the Tribunal solely to fix the compensation payable in lieu of reinstatement of the appellant in service which has given rise to this Writ Appeal.
3. We heard Mr.N.Sukumaran, Senior Advocate on behalf of the appellant, Mr. N.K.Subramanian, Advocate on behalf of the first respondent and Mrs.K.R.Deepa, Senior Government Pleader at length.
4. The appellant relied on the fol
Cheranallur Service Co-operative Bank Ltd. v. State of Kerala & Ors. (2012 (3) KHC 834
Kaloor Vadakkummury Service Co-operative Society Ltd. v. Assistant Registrar
Maharashtra State Co-operative Housing Finance Corporation Ltd. v. Prabhakar Sitaram Bhandange
Sankaran v. Deputy Registrar of Co-operative Societies (1975 KLT 861)
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.