Employee rights to back wages and compliance with arbitration awards during appeal processes established.

SRI.GILBERT GEORGE CORREYA, STANDING COUNSEL SMT.V.A. HARITHA, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.03.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT Dated this the 12^th day of March, 2026 The petitioner states that she was working as Part Time Sweeper in Ayyanthole Branch of Thrissur District Co- operative Bank since the year 1988. Alleging misconduct, the petitioner was proceeded against and the petitioner was dismissed from service on 22.11.2009.

2. The petitioner approached the Co-operative Arbitration Court, Kozhikode challenging the domestic enquiry proceedings. The Arbitration Court set aside the dismissal order and directed that the petitioner be reinstated in service with 50% back wages.

3. The petitioner is now before this Court seeking to declare that she is a senior citizen entitled to get back wages and all service benefits as per Ext.P1 Award passed by the Co-operative Arbitration Court (Northern), Kozhikode and to direct the 3^rd respondent to see that the directions contained in Ext.P1 are complied with immediately.

4. Standing Counsel entered appearance and resisted the writ petition on behalf of respondents 2 and 3. The Standing Counsel submitted that the Bank has challenged Ext.P1 Award by filing RP No.119/2025 before the Co-operative Tribunal. The RP was dismissed for default. Respondents 2 and 3 have filed a Restoration Petition before the Tribunal, which is scheduled to be taken up on 18.03.2026. If they are forced to comply with the directions contained in Ext.P1 before consideration of their revision, the Bank will be put to untold hardship.

5. I have heard the learned counsel for the petitioner, the learned Government Pleader representing the 1^st respondent and the learned Standing Counsel representing respondents 2 and 3.

6. The petitioner was a Part Time Sweeper in Ayyanthole Branch of Thrissur District Co-operative Bank since the year 1988. The petitioner was dismissed from service after completing nearly 21 years of service. The Co- operative Arbitration Court, as per Ext.P1 Award, directed respondents 2 and 3 to reinstate the petitioner in service with

50% back wages.

7. The petitioner has crossed the age of retirement. Therefore, there is no question of physical reinstatement at this stage. However, as long as Ext.P1 Award stands, respondents 2 and 3 are bound to pay back wages to the petitioner.

8. Respondents 2 and 3 would contend that a Restoration Petition and a Revision Petition filed against Ext.P1 Award is coming up for orders on 18.03.2026 before the Co-operative Tribunal.

9. As a long period has already lapsed after passing Ext.P1 Award, I am of the view that respondents 2 and 3 cannot indefinitely postpone payment of back wages on the ground that a Revision Petition is preferred before the Tribunal.

In the facts of the case, the writ petition is disposed of directing respondents 2 and 3 to pay the back wages due to the petitioner pursuant to Ext.P1 Award within a period of two months, unless the respondents obtain favourable stay orders from the Tribunal by that time.

Sd/-