IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MR. JUSTICE MURALEE KRISHNA S., JJ
Venugopalan. P.k. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
Muralee Krishna, J.
This writ appeal is filed under Section 5(i) of the Kerala High Court Act , 1958, by the petitioner in W.P.(C)No.5452 of 2023, being dissatisfied by the judgment dated 29.01.2025 passed by the learned Single Judge whereby the writ petition filed by the appellant under Article 226 of the Constitution of India seeking a writ of certiorari to quash Ext.P5 order dated 26.05.2021 issued by the Disciplinary Sub-Committee of the 3rd respondent Keezhallur Service Cooperative Bank (‘Bank’ in short) demoting the appellant to the post of Senior Clerk from the post of Branch Manager having found him guilty in the disciplinary proceedings and also Ext.P10 order dated 13.01.2023 issued by the 4th respondent President of the Bank suspending him from service pending disciplinary proceedings, was dismissed.
2. The appellant entered service of the 3rd respondent Bank in the year 1987 as a Sales Manager and by step by step promotion he reached to the post of Manager of the Bank. On 15.04.2021, Ext.P1 show cause notice was issued to the appellant alleging that as a Branch Manager of the Bank the appellant was deputed by the Secretary to take the valuation of the properties
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....
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.
It is for them to file third party appeal along with application to secure third party leave from the Kerala Co-operative Tribunal, in terms of Sec.82(1) of the Act.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must follow due process, including issuing a charge-sheet and conducting a proper inquiry.
The court established that an employee must exhaust available administrative remedies before seeking judicial review in cases of dismissal.
Suspension of an employee under the Andhra Pradesh Cooperative Societies Act must adhere to due process and jurisdictional authority, failing which it is deemed illegal.
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