Kerala High Court
Umayanalloor Service Co ... vs V. Rajendran on 9 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Wednesday, the 9th day of August 2023 / 18th Sravana, 1945
WA NO. 1387 OF 2023
AGAINST THE JUDGMENT DATED 03.07.2023 IN WP(C) 20431/2018 OF THIS COURT.
APPELLANT/PETITIONER:
UMAYANALLOOR SERVICE CO OPERATIVE BANK, UMAYANALLOOR P.O., KOLLAM
DISTRICT,PIN - 691589, REPRESENTED BY ITS SECRETARY.
BY ADVOCATE SRI. V.JAYAPRADEEP
RESPONDENTS/RESPONDENTS:
1. V. RAJENDRAN, REMYA NIVAS, THRIKKADAVOOR,PERINAD P.O., KOLLAM - 691
601.
2. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM ,PIN -
695033, REPRESENTED BY ITS SECRETARY.
3. THE CO-OPERATIVE JOINT REGISTRAR, CIVIL STATION, KOLLAM , PIN -
695013.
BY ADVOCATE SRI. N.RAGHURAJ, FOR R1
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 operation of the impugned Judgment, till the disposal of this
case.
This Writ Appeal coming on for orders on 09/08/2023, upon perusing
the appeal memorandum, the court on the same day passed the following:
ALEXANDER THOMAS & C. JAYACHANDRAN, JJ.
=============================================
W. A. No. 1387 of 2023
(arising out of the impugned judgment dated 3.7.2023 in
WP(C) No. 20431/2018)
==============================================
Dated this the 9th day of August, 2023
ORDER
Admit Writ Appeal.
2. Sri. N. Raghuraj, learned counsel has taken notice for R-1
herein and the learned Senior Government Pleader has taken notice
for R-3 (Joint Registrar of Co-operative Societies). Since R-2 is the
appellate adjudicatory forum, notice to R-2 will stand dispensed
with.
3. Having regard to the facts and circumstances of the case,
it is ordered, in the interest of justice, that the operation and
enforcement of the impugned judgment dated 3.7.2023, rendered by
the learned Single Judge in WP(C).No.20431/2018, will remain
stayed and shall be kept in abeyance. This order will be in force for a
period of 3 months.
4. We are told that the order of dismissal was passed
against R-1 by the appellant as early as on 15.3.1999 and the
statutory appeal was also dismissed. Later, the Co-operative
Arbitration Court has rendered Ext.P-5 order dated 5.9.2001
W.A. No. 1387/2023
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whereby the dismissal order has been confirmed. But, the
Co-operative Appellate Tribunal has rendered Ext.P-7 appellate
verdict on 31.1.2018, whereby it was held that the appellant therein
is to be exonerated of the charges in the disciplinary proceedings.
The above Writ Petition (Civil) has been filed on 24.5.2018 and
the impugned judgment has been rendered on 3.7.2023.
5. Further, we are told that R-1 herein has already
attained the superannuation age of 58 years. So, it appears that
there is no question of reinstatement of R-1. Even if the impugned
judgment of the learned Single Judge is upheld, at best, only
appropriate compensation can be conceived as the relief. Since the
hearing of the matter may take some more time, we suggested to
both sides as to whether they are interested to seek mediatory
efforts. Both sides have agreed to the said course of action.
6. Accordingly, it is ordered that, an authorised officer of
the appellant co-operative society and R-1 herein shall report
personally before the Nodal Officer of the Mediation Centre
attached to this Court at 10.15 A.M. on 22.8.2023, upon which the
parties shall be referred to a Mediator, who may endeavour to
commence the mediation process on the same day and complete
W.A. No. 1387/2023
..3..
the same without much delay. After conclusion of the mediation
process, the Mediation Centre will give a report regarding the final
outcome of the mediation process.
List this Writ Appeal on 27.10.2023.
Hand over to both sides.
Sd/-
ALEXANDER THOMAS, JUDGE
Sd/-
C. JAYACHANDRAN, JUDGE
MMG
