IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE D. K. SINGH, J
Thomas James S/o James – Appellant
Versus
The Joint Registrar Of Co-operative Societies – Respondent
JUDGMENT :
[WP(C) Nos.29882/2024, 5944/2024]
1. Heard Mr A L Navaneeth Krishnan learned Counsel for the petitioner in W.P.(C) No.5944/2024; Mr Arun Chandran learned Counsel for the petitioner in W.P.(C) No.29882/2024 who appeared for the respondent also in the respective petitions; and Mr Bimal K Nath learned Senior Government Pleader on behalf of the State.
Facts
2. The employee, who is the fourth respondent in W.P.(C) No.5944/2024 and the petitioner in W.P.(C) No.29882/2024, was working as an Accountant in the Kappumthala Service Co-operative Bank. Against the Resolution of the Managing Committee of the Society dated 19.01.2017, whereby the employee’s request for voluntary retirement was accepted and his services stood terminated with effect from 24.01.2017, filed a writ petition before this Court impugning the said decision/Resolution of the Society.
2.1 The learned Single Bench of this Court dismissed W.P.(C) No.12463/2017 vide judgment dated 19.03.2021, with liberty to the petitioner/employee to avail of the statutory alternative remedy under Section 69(2)(d) of the Kerala Co-operative Societies Act 1969.
2.2 The said judgment came to be challenged by the petitioner/employee in W.A.
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.
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.
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.
The Registrar under the Uttar Pradesh Cooperative Societies Act has the authority to annul resolutions, including dismissals, ensuring no individual is left without a remedy.
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....
A court may direct a statutory authority to dispose of a pending representation within a time-bound manner after providing an opportunity of being heard to the affected parties, without delving into ....
Writ petitions against cooperative societies are limited by statutory remedies, with jurisdictional issues arising from subcommittee resolutions.
Disputes under Kerala Co-operative Societies Act must be resolved through proper administrative channels as prescribed therein.
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