MOHAMMED NIAS C. P.
Joseph Mathew – Appellant
Versus
State of Kerala – Respondent
JUDGMENT
In W.P.(C) No.2106 of 2023, the petitioner challenges the order passed by the Secretary, Department of Co-operation, that dismissed the revision petition filed by him affirming the order passed by the Joint Registrar ordering the Society to recover an amount of Rs.2,06,937/- from the retirement benefits of the petitioner. An order was passed dated 3.1.2022 against the petitioner’s promotion, which was challenged by him by filing W.P. (C) No. 19979/2022, wherein, by judgment dated 07.07.2022, the said order was set aside and the competent authority of the Government was directed to reconsider the matter. The present impugned order is passed after the direction in the said judgment. It is stated that the petitioner entered into service as a Junior Clerk in the year 1992 and was promoted as Secretary-in-charge and was given the charge on 1.11.2012 and later, promoted as Secretary on 1.4.2014. The promotion was based on decision No.503 taken in the general body meeting of the respondent bank on 31.3.2014. The petitioner submits that though he was eligible to be appointed much earlier, it was being denied due to political reasons. Desp
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Service disputes under the Kerala Co-operative Societies Act must be resolved exclusively by the Co-operative Arbitration Court, not by the Registrar, following the amendment to Section 69.
Disputes regarding employment in cooperative societies must be resolved by the Co-operative Arbitration Court, not by the Registrar, as per the amended Section 69 of the Kerala Co-operative Societies....
Service disputes under the Kerala Co-operative Societies Act must be resolved exclusively by the Co-operative Arbitration Court, limiting the Registrar's jurisdiction.
Section 69 of the Kerala Co-operative Societies Act excludes Labour Court jurisdiction over employment disputes, designating the Co-operative Arbitration Court as the exclusive forum for resolution.
The Chief Executive/Secretary of a co-operative society holds a dual statutory character as both an office bearer and an employee. Disputes regarding their removal are not purely private employment m....
The Joint Registrar has jurisdiction to adjudicate disputes regarding resolutions of Co-operative Societies, and prior consent by the Society to a process cannot be retracted.
Disciplinary disputes involving co-operative societies must be resolved through the Co-operative Arbitration Court, and recourse to writ jurisdiction is premature when alternative remedies exist.
As per Section 69 of Kerala Co-operative Societies Act 1969, the dispute is to be decided by Co-operative Arbitration Court and Registrar are well defined. Accordingly the Government of Kerala consti....
Important points:The term 'any' preceding 'dispute' and 'including' appearing in Section 69(2)(d) of the Act are really eye openers. Those usages expand the scope of the dispute provided in Section 6....
The court establishes that the removal of a co-opted member from a cooperative society must adhere to Rule 43-A, failing which any subsequent actions are void.
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