SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2018 Supreme(Ker) 603

V.CHITAMBARESH, SATHISH NINAN
Ambika – Appellant
Versus
Kottappady Service Co operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N. Sukumaran (Sr. Advocate) & N.K. Karnis, Adv.
For the Respondent: N.K. Subramanian & Sr. Government Pleader (K.R. Deepa), Adv.

JUDGMENT :

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



















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top