Kerala High Court
The Secretary vs M.Radhakrishnan (Deceased) on 8 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
Wednesday, the 8th day of September 2021 / 17th Bhadra, 1943
WA NO. 1081 OF 2021
AGAINST THD JUDGMENT DATED 05.07.2021 IN WP(C) 4404/2014 OF THIS COURT.
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APPELLANT/RESPONDENT NOS.1 & 2:
1.THE SECRETARY, KUNNAMKULAM CO-OPERATIVE BANK LTD.NO.698,
KUNNAMKULAM, THRISSUR-680503.
2.THE PRESIDENT, KUNNAMKULAM CO-OPERATIVE URBAN BANK LTD.NO.698,
KUNNAMKULAM, THRISSUR-680503.
BY SRI.P.C.SASIDHARAN, ADVOCATE
RESPONDENTS/PETITIONERS & RESPONDENT NO.3:
1.M.RADHAKRISHNAN (DECEASED),S/O. RAGHAVA MENON,PUTHIYEDATH HOUSE,
THOLOOR,THRISSUR.
2.SUPPL.P2.J.VIJAYALAKSHMI,W/O.LATE M. RADHAKRISHNAN,PUTHIYEDATHU HOUSE,
THOLUR P.O.,THRISSUR DISTRICT-680552.
3.SUPPL.P3.P.REKHA,W/O.DEEPAK MENON,PADMARAGAM,PERAMANGALAM,
THRISSUR DISTRICT-680552.
4.SUPPL.P4.ROOPA,W/O.SARATH SUKUMARAN,RESIDING AT PUTHIYEDATHU HOUSE,
THOLUR P.O.,THRISSUR DISTRICT-680552.
5.SUPPL.P5.P.RESHMA,D/O.LATE M.RADHAKRISHNAN,PUTHIYEDATHU HOUSE,
THOLUR P.O.,THRISSUR DISTRICT-680552.
6.THE KERALA CO-OPERATIVE TRIBUNAL,THIRUVANANTHAPURAM-695001.
Prayer for interim relief in the Writ Appeal stating that in the
circumstances stated in the appeal memorandum, the High Court be pleased
to stay the impugned judgment of the learned Single Judge in
W.P.(C)No.4404/2014 dated 5/7/2021, pending disposal of the Writ Appeal.
This Writ Appeal coming on for admission on 08.09.2021 upon perusing
the appeal memorandum, the court on the same day passed the following:
EXT.R1(g):TRUE COPY OF THE ORDER IMPOSING PUNISHMENT.
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ALEXANDER THOMAS & A.BADHARUDEEN,JJ.
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W.A No.1081 of 2021
( Arising out of the judgment in WP(C) No.4404 of 2014 dated 05-07-2021
on the file of the learned Single Judge of this Court)
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Dated this the 8th day of September, 2021
ORDER
Admit the writ appeal.
2. Issue notice to contesting respondents 1 to 5 by speed
post, returnable within two weeks. Notice to the 6 th respondent,
being Kerala Co-operative Tribunal, need not be issued.
3. It is urged by Sri.P.C.Sasidharan, the learned counsel
appearing for the appellant in the W.A/R1 & R2 in the W.P(C)
appearing for the appellant Co-operative Society Bank that the
impugned dismissal order of the employee concerned was on
30-04-2005 as evident from Ext.R1(g) proceedings, whereas the
engraftment of Sub Rule (2A) of Rule 198 of the Kerala Co-
operative Societies Rules has been made only much subsequently
with effect from 18-08-2010 and hence the interdiction made in the
impugned judgment in W.P(C) to the effect that the impugned
dismissal order is vitiated on account of the non compliance with
the statutory procedure stipulated in Rule 198 (2A), which has been
W.A No.1081 of 2021
engrafted only much later, is illegal and improper.
4. Taking note of the above said submission, we feel that a
strong prima facie case has been made out in the matter. The
learned counsel for the appellant would also submit that there is a
serious likelihood of the other side initiating contempt court
proceedings. Accordingly, taking into account the conflict of the
facts in this case, it is ordered in the interest of justice that the
operation and enforcement of the impugned judgment dated
5-7-2021 rendered by the learned Single Judge in W.P(C) No.4404
of 2014 will remain stayed and shall be kept in abeyance. This order
will be in force for a period of three months.
List the case in the Petition List on 18-10-2021.
H/o
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
A.BADHARUDEEN, JUDGE
amk
08-09-2021 /True Copy/ Assistant Registrar
