JUDGMENT

The present writ petition has been preferred against judgment dated 28.11.2015 of Co-operative Tribunal, Thiruvananthapuram whereby the appeal bearing No.63 of 2015 preferred by Co-operative Bank against the award of Arbitration Court dated 09.04.2015 rendered in A.R.C. No.186 of 2011 has been allowed and the reliefs granted by Arbitration Court has been modified to the extent that the order of reinstatement of the petitioner in service with all consequential benefit has been set aside by upholding the other finding with regard to noncompliance of the provisions of Rule 198 (2) of Kerala Co-operative Societies Rules . In other words, entire enquiry which was found to be vitiated by the Arbitration Court has been upheld by the Tribunal. The question now which arises before this Court according to the submission of the learned counsel for the petitioner is that if the disciplinary enquiry initiated against an employee of a Co-operative society is vitiated there is an automatic reinstatement in service even if the petitioner has not sought any relief in the pleadings.

2. On the other hand, the counsel appearing on behalf of the respondents submits that Kerala Co-operative Soci