V.S. SUDHEESH v. MALA MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD
Case at a glance
Outcome
Dismissed
Accordingly, this writ petition is dismissed,
Provisions considered
Key paragraphs
- Para 55. Challenge against an order of suspension is a WP(C) NO. 19373 OF 2024 : 7 : dispute which has to be raised for adjudication before the Co-operative Arbitration Court at the first instance, in view of the provisions contained in Section 69 (1) (c)…
Judgment
SUB COMMITTEE MALA MULTI-PURPOSE CO-OPERATIVE SOCIETY LTD., NO. R 1159, P.O. ANNAMANADA, THRISSUR, REPRESENTED BY ITS CHAIRMAN, SRI P.D. SHIBU, PIN - 680 306. BY ADVS. JOJO C A JOSEPH ANU A.A(K/000492/2021) DHEERAJ, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 19373 OF 2024 : 3 : JUDGMENT The petitioner, while working as a Senior Clerk in the 1st respondent Co-operative Society, was placed under suspension by Ext.P1 letter dated 14.07.2023 issued by the 2nd respondent, the Secretary of the Society, contemplating an enquiry. The petitioner states that the Secretary has no jurisdiction to place him under suspension. It is further stated that, so far, he has not been served with any memo of charges. The petitioner also states that he is not paid any subsistence allowance. Accordingly, this writ petition is filed to quash Ext.P1 and to direct the 3rd respondent, the President of the Society to reinstate him in service with back wages.
When the writ petition came up for consideration today, it is submitted by the learned WP(C) NO. 19373 OF 2024 : 4 : Counsel for the petitioner that pursuant to the order of this Court dated 04.07.2024, the 1st respondent Society has paid the arrears of subsistence allowance to the petitioner.
Heard the learned Counsel for the petitioner, the learned Standing Counsel appearing for respondents 1 to 3 and 6 and the learned Government Pleader appearing for respondents 4 and 5.
Rule 198 (6) of the Kerala Co-operative Societies Rules, 1969 deals with suspension of employees of Co-operative Societies. Section 69 of the Kerala Co- operative Societies Act, 1969 ('Act' for short) deals with disputes to be decided by Co-operative Arbitration Court and Registrar. Section 69 (1) (c) provides that, notwithstanding anything contained in any law for the WP(C) NO. 19373 OF 2024 : 5 : time being in force, if a dispute arises between the Society or its Committee and any past Committee, any officer, agent or employee or any past officer, past agent or past employee or the nominee, heirs or legal representatives of any deceased officer, deceased agent or deceased employee of the Society; such disputes shall be referred to Co-operative Arbitration Court constituted under Section 70A of the Act, in the case of non- monetary disputes and to the Registrar, in the case of monetary disputes, and the Arbitration Court, or the Registrar, as the case may be, shall decide such disputes and no other Court or other authority shall have jurisdiction to entertain any suit or other proceedings in respect of such disputes. Section 69 (2) (d) of the Act provides that, for the purpose of sub-section (1) of Section 69, any dispute arising in connection with WP(C) NO. 19373 OF 2024 : 6 : employment of officers and servants of the different classes of Societies specified in sub-section (1) of Section 80, including their promotion and inter se seniority, shall also be deemed to be disputes. The Co-operative Arbitration Court can also adjudicate issues of monetary benefits consequential to and arising out of service disputes. As per sub-section (2) of Section 70, the Co-operative Arbitration Court is empowered to make such interlocutory orders as it may deem necessary in the interest of justice, pending award of a dispute referred to it under Section 69. An award passed by the Arbitration Court under Section 70(1) of the Act is appealable to the Co-operative Tribunal, under clause (a) of sub-section (1) of Section 82 of the Act.
Operative part
Challenge against an order of suspension is a WP(C) NO. 19373 OF 2024 : 7 : dispute which has to be raised for adjudication before the Co-operative Arbitration Court at the first instance, in view of the provisions contained in Section 69 (1) (c) read with Section 69 (2) (d) of the Act. When the Act provides for hierarchy of remedies against the order of suspension of an employee of Co-operative Society, a writ petition under Article 226 of the Constitution is not maintainable. Accordingly, this writ petition is dismissed, without prejudice to the right of the petitioner to avail the statutory remedy under Section 69 of the Kerala Co-operative Societies Act. All the contentions of the petitioner are left open. Sd/- MURALI PURUSHOTHAMAN JUDGE SRJ WP(C) NO. 19373 OF 2024 : 8 : APPENDIX OF WP(C) 19373/2024 PETITIONER'S EXHIBITS EXHIBIT P1 EXHIBIT P2 EXHIBIT P3 EXHIBIT P4 THE TRUE COPY OF THE LETTER DATED 14-07-2023 ISSUED BY THE 2ND RESPONDENT. THE TRUE COPY OF THE LETTER DATED 20-10-2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. THE TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT DATED 02-12-2023. THE TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER DATED 08-12-2023.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, this writ petition is dismissed,
Which statutory provisions did this judgment involve?
Societies Act, 1969; Constitution of India — art. 226; Kerala Co-operative Societies Act — s. 69.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.