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ANIL K. NARENDRAN, MURALEE KRISHNA S.
M. K. Gopalan, S/o. Late Velu – Appellant
Versus
REC Multi Purpose Co-Operative Society Ltd. – Respondent
JUDGMENT :
(Muralee Krishna S., J.)
These writ appeals are filed by the 1st respondent in W.P.(C) No.20797 of 2023 and W.P.(C)No.25628 of 2023 who is the petitioner in W.P.(C)No.18555 of 2024, invoking the provisions under Section 5(i) of the Kerala High Court Act, 1958, challenging the common judgment dated 04.06.2024 of the learned Single Judge, whereby W.P.(C)Nos.20797 of 2023 and 25628 of 2023 were allowed and W.P.(C) No.18555 of 2024 was dismissed.
2. The 1st respondent is a Consumer Co-operative Society (‘Society’ for short) started functioning on 11.11.1963. The membership of the society is confined to the staff of the Regional Engineering College, Kozhikode (NIT). The Society has been running a consumer store dealing with provision stores, stationery and textile items. The appellant was appointed as a Salesman in the society on 16.08.1976. On 21.11.2000, the Unit Inspector, Kunnamangalam Unit conducted an inspection in the office of the store of the Society and noticed misappropriation of funds by manipulation of records and vouchers. On getting the report, the Assistant Registrar of Co-operative Societies issued a show cause notice to the Society on 29.11.2000. Then, the Pres
An employee whose service is illegally terminated is entitled to full back wages unless the employer proves otherwise, and disciplinary proceedings must adhere to principles of natural justice.
The court upheld the principle that failure to adhere to natural justice, particularly the right to cross-examine key witnesses in disciplinary proceedings, invalidates termination, warranting reinst....
An employee whose service is illegally terminated is entitled to full back wages unless the employer proves otherwise.
Acquittal in a criminal case does not bar disciplinary action in employment matters, as the standards of proof and objectives differ significantly.
The main legal point established in the judgment is the violation of employee rights under the Maharashtra Employees of Private Schools (Conditions of Service) Regulation Act, 1977, and the rules fra....
Reinstatement with back wages is the norm in wrongful termination cases, subject to considerations of misconduct and employment status.
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