Bizzi S. S vs Nellidappara Milk Producers ...
2023 Latest Caselaw 7687 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
        FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                        WP(C) NO. 22911 OF 2023
PETITIONER/S:

            BIZZI S. S
            AGED 46 YEARS
            D/O SADHASIVAN, VIVEKALAYAM, KOLLUVILA, KATTUMPURAM
            POST, PULIMATHU, THIRUVANANTHAPURAM., PIN - 695608
            BY ADVS.
            P.M.RAFEEK
            GIA MATHAI KANDATHIL
            U.NIDHIN
            SARA JOHN


RESPONDENT/S:

    1       NELLIDAPPARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.
            NO. 147 D APCOS, KATTUMPURAM POST, THIRUVANANTHAPURAM,
            KERALA , REPRESENTED BY ITS SECRETARY., PIN - 695608
    2       BOARD OF DIRECTORS
            NELLIDAPPARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.
            NO. 147 D APCOS, KATTUMPURAM POST, THIRUVANANTHAPURAM,
            KERALA, REPRESENTED BY ITS PRESIDENT., PIN - 695608
    3       SECRETARY
            NELLIDAPPARA MILK PRODUCERS CO-OPERATIVE SOCIETY LTD.
            NO. 147 D APCOS, KATTUMPURAM POST, THIRUVANANTHAPURAM,
            KERALA., PIN - 695608
    4       THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES
            THIRUVANANTHAPURAM
            JAWAHAR SAHAKARANA BHAVAN, 8TH FLOOR DPI JUNCTION,
            THAYCAD POST, THIRUVANANTHAPURAM., PIN - 695014
    5       DEPUTY DIRECTOR
            DEPARTMENT OF DIARY DEVELOPMENT, PATTAM PALACE POST,
            THIRUVANANTHAPURAM., PIN - 695004
            ADV. V.K. SUNIL. SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 22911 OF 2023
                               2

                      JUDGMENT

Dated this the 14th day of July, 2023

The petitioner has approached this Court being

aggrieved by the fact that the petitioner has been illegally

terminated from service by the first respondent Society.

According to the petitioner, the proceedings leading to

Ext.P4, were on the basis that the petitioner had been

illegally appointed as a permanent staff by the erstwhile

Board of Directors by the first respondent Society. It is

submitted that the present proceedings are on account of

political rivalry and there is no rhyme or reason for

terminating the petitioner.

2. The learned Government Pleader would submit

that in the light of the law laid down by this Court in

Prakashini v. Joint Registrar of Co-operative

Societies, [2006 (1) KLT 199] and other decisions of this

Court, the writ petition is not maintainable as the writ

petition raises a service dispute and the remedy of the

petitioner lies in approaching the Co-operative Arbitration WP(C) NO. 22911 OF 2023

Court under Section 69 of the Kerala Co-operative

Societies Act, 1969. It is submitted that the writ petition at

the instance of an employee of a Co-operative Society

challenging the termination may not be maintainable under

Article 226 of the Constitution of India. Faced with this

situation, the learned Counsel appearing for the petitioner

would submit that the petitioner has preferred Ext.P7

representation before the fifth respondent, who is a

functional Registrar and the fifth respondent may therefore

be directed to consider and pass orders on Ext.P7 within a

time frame to be fixed by this Court.

3. Having heard the learned Counsel for the

petitioner and the learned Senior Government Pleader

appearing for the official respondents, I am of the view

that the contention taken by the learned Senior

Government Pleader appearing for the official respondents

in the light of the law laid down in Prakashini (supra),

that the writ petition may not be maintainable in the facts

and circumstances of this case is only to be accepted. The WP(C) NO. 22911 OF 2023

petitioner

4. Even assuming for the purpose of these

proceedings that the termination of the petitioner was

clearly illegal in the light of the provisions contained in

Section 69 of the Kerala Co-operative Societies Act,

[especially after the amendment in the year 2001] it is for

the petitioner to approach the statutory authorities in the

matter of termination. However since the petitioner has

already filed Ext.P7 representation before the fifth

respondent and since the fifth respondent may, if

circumstances permits, exercise jurisdiction under Rule

176 of the Kerala Co-operative Societies Act, 1969, I am of

the view that Ext.P7 can be directed to be considered by

the fifth respondent, after affording an opportunity of

hearing to the petitioner and to the first respondent.

Accordingly, this Writ Petition stands disposed of,

directing the fifth respondent to consider and pass orders

on Ext.P7, after affording an opportunity of hearing to the

petitioner and to the first respondent, within a period of WP(C) NO. 22911 OF 2023

two months, from the date of receipt of a certified copy of

this judgment.

Sd/-

GOPINATH P.

JUDGE

RK WP(C) NO. 22911 OF 2023

APPENDIX OF WP(C) 22911/2023

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RECEIPT DATED 19/12/2016 ISSUED BY THE 1ST RESPONDENT EVIDENCING THE DEPOSIT OF SECURITY DEPOSIT.

Exhibit P2 TRUE COPY OF THE IDENTITY CARD ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER EVIDENCING HER EMPLOYMENT AS A PERMANENT STAFF IN THE CATEGORY OF PROCUREMENT ASSISTANT.

Exhibit P3 TRUE COPY OF THE GENERAL BODY NOTICE IN THE FINANCIAL YEAR 2020-2021 PROPOSED TO BE HELD ON 13/10/2021.

Exhibit P4 TRUE COPY OF THE NOTICE DATED 11/4/2023 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER.

Exhibit P5 TRUE COPY OF REPLY NOTICE DATED 17/4/2023 FILED BY THE PETITIONER TO THE 2ND RESPONDENT.

Exhibit P6 TRUE COPY OF THE CHEQUE DATED 08/06/2023 ISSUED BY THE 1ST AND 2ND RESPONDENT.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 6/7/2023 GIVEN TO THE 5TH RESPONDENT.