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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. JUSTICE SYAM KUMAR V.M., J
Kerala State Co-Operative Bank Ltd., Represented By Its Managing Director – Appellant
Versus
Kerala Co-Operative Tribunal Thiruvananthapuram, Represented By Its Secretary – Respondent
JUDGMENT :
(SYAM KUMAR V.M., J.)
Since the parties to these Writ Petitions and the subject matter involved are the same, they are considered and disposed of together.
2. Petitioner is an apex Co-operative Society as defined under Section 2(a) of the Co-operative Societies Act. The 3rd respondent while working as Manager of the Bank at its office at Thrissur was charged of serious financial improprieties and other lapses. Since the reply submitted by him was not found satisfactory, a domestic enquiry was conducted. On the basis of the report submitted therein, the 3rd respondent was dismissed from service by the order dated 17.09.2008. He preferred an appeal before the Board of Directors, which was dismissed by an order dated 19.01.2009. The 3rd respondent then filed ARC No.84 of 2011 (Old No.55 of 2009) before the Co-operative Arbitration Court (Northern), Kozhikode (Ext.P1) inter alia seeking to set aside the domestic enquiry report and to reinstate him in service with full back wages. The Bank filed Ext.P2 written statement in the ARC. The Arbitration Court vide Ext.P3 order dated 06.02.2014 set aside the suspension as well as dismissal of the 3rd respondent and directed him to be
The High Court's supervisory jurisdiction does not extend to re-evaluating factual findings of the Tribunal unless there is a manifest error or jurisdictional flaw.
An employee whose service is illegally terminated is entitled to full back wages unless the employer proves otherwise.
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.
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.
Court upheld the authority's power to review its decisions, emphasizing adherence to procedural justice in employment termination cases under cooperative statutes.
The burden of proof lies on the dismissed employee to demonstrate unemployment to claim backwages, and the Tribunal must consider all relevant evidence before making an award.
Section 37 of the Co-operative Societies Act, under which agreements are executed by the members of the Society in favour of the Society, authorising their employers to make deductions from the salar....
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