Kerala High Court
Co Operative Departmental ... vs Jeffin Thomas on 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR. JUSTICE SATHISH NINAN
Friday, the 7th day of October 2022 / 15th Aswina, 1944
IA.NO.1/2022 IN WA NO. 2012 OF 2018
AGAINST THE JUDGMENT DATED 18.07.2018 IN WP(C) 42030/2017 OF THIS COURT
PETITIONERS/APPELLANTS:
1.CO-OPERATIVE DEPARTMENTAL EMPLOYEES' CO-OPERATIVE SOCIETY LTD. NO.
K.294, REPRESENTED BY SECRETARY, RAILWAY STATION ROAD, KOTTAYAM -
686 001.
2.THE MANAGING COMMITTEE OF CO-OPERATIVE DEPARTMENTAL EMPLOYEES' CO-
OPERATIVE SOCIETY LTD. NO. K.294, REP. BY PRESIDENT, RAILWAY STATION
ROAD, KOTTAYAM - 686 001.
RESPONDENTS/RESPONDENTS:
1.JEFFIN THOMAS, PEON, CO-OPERATIVE DEPARTMENTAL EMPLOYEES
COOPERATIVE SOCIETY LTD.NO.K.294, RAILWAY STATION ROAD, KOTTAYAM -
686 001.
2,THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES
(GENERAL),KOTTAYAM-686001.
3.MANMADAN NAIR S.,SENIOR CO-OPERATIVE INSPECTOR,OFFICE OF THE JOINT
REGISTRAR OF CO-OPERATIVE SOCIETIES, & PRESIDENT OF CO-OPERATIVE
DEPARTMENTAL EMPLOYEES' CO-OPERATIVE SOCIETY LTD.NO.K.294,RAILWAY
STATION ROAD,KOTTAYAM-686 001.
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify that the
Division Bench judgment will not stand in the way of the appellants for
taking a decision in the nature of Annexure A2, and if any person
aggrieved by Annexure A2, he can take up the matter before the appropriate
forum under Section 69 of the Co-operative Societies Act, in the interest
of justice.
This Application coming on for orders upon perusing the
application and the affidavit filed in support thereof and this court's
judgment dated 12/10/2018 in WA No.2012/2018 and upon hearing the
arguments of SRI.P.C. SASIDHARAN, Advocate for the petitioners, the court
passed the following:
P.T.O.
ANNEXURE A2:THE TRUE COPY OF THE ORDER DATED 15/11/2018
ISSUED BY THE PRESIDENT OF THE SOCIETY TO THE 1ST RESPONDENT.
---
A.K.JAYASANKARAN NAMBIAR & SATHISH NINAN, JJ.
-----------------------------------------
I.A.No.1 of 2022
in
WA. No.2012 of 2018
-----------------------------------------
Dated this the 7th day of October, 2022
ORDER
A.K.Jayasankaran Nambiar, J.
This is an I.A seeking a clarification of the judgment dated
18.07.2018 of the Division Bench to the extent it grants the liberty to the
society as an employer to set right its administration or to take action
against the erring employees. It is the submission of Sri.P.C.Sasidharan,
the learned counsel for the petitioners in the I.A that the consequential
action taken by the society, which was the subject matter of challenge in
another Writ Petition (WP(C).No.3627 of 2019) fell within the purview of
the liberty granted to the society by the judgment of the Division Bench
aforementioned. It is his submission that during the course of the
hearing of the Writ Petition before a learned Single Judge, the learned
Judge expressed a doubt as regards whether or not the action taken by
the society would come within the scope of the liberty granted by the
judgment of the Division Bench aforementioned. It is on account of the
said doubts expressed by the learned Single Judge that he has chosen to
seek a clarification from this Court with regard to the scope of the
directions given in the earlier judgment of the Division Bench.
I.A.No.1 of 2022
in
WA. No.2012 of 2018
On a consideration of the matter, we find that the apprehension
of the learned counsel is only with regard to the acceptance of his
submission regarding the scope of the liberty reserved by this Court in
the earlier judgment while justifying the action that was impugned in
the Writ Petition pending before the learned Single Judge. We are of
the view that in view of the pendency of the Writ Petition before the
learned Single Judge it would not be appropriate or necessary for us to
clarify the scope and ambit of the directions of the earlier Division
Bench. We are of the view that the petitioners herein must await the
judgment of the learned Single Judge in the Writ Petition before
exploring further legal options. The I.A is therefore closed as above.
Sd/-
A.K.JAYASANKARAN NAMBIAR
JUDGE
Sd/-
SATHISH NINAN
JUDGE
mns
07-10-2022 /True Copy/ Assistant Registrar
