Channapetta Service ... vs The State Of Kerala
2023 Latest Caselaw 10655 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
            THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        MONDAY, THE 16TH DAY OF OCTOBER 2023 / 24TH ASWINA, 1945
                         WP(C) NO. 34044 OF 2023
PETITIONER:

           CHANNAPETTA SERVICE CO-OPERATIVE BANK LTD.NO.358
           REPRESENTED BY SECRETARY IN CHARGE G.USHAKUMARI,
           CHANNAPETTA P.O., KOLLAM, PIN - 691311.

           BY ADVS.
           K.P.PRADEEP
           HAREESH M.R.
           SANAND RAMAKRISHNAN
           T.T.BIJU
           T.THASMI
           M.J.ANOOPA

RESPONDENTS:

     1     THE STATE OF KERALA
           REPRESENTED BY ITS SECRETARY (CO-OPERATION),
           GOVERNMENT SECRETARIATE, THIRUVANANTHAPURAM, PIN - 695001.

     2     REGISTRAR OF CO-OPERATIVE SOCIETIES
           JAWAHAR SAHAKARANA BHAVAN, DPI JN., THYCAUDU P.O.,
           THIRUVANANTHAPURAM, PIN - 695014.

     3     JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),
           JR OFFICE, KOLLAM, PIN - 691001.

     4     G. ANITHAKUMARY
           ANITHA VILASOM, ELAVOOR, CHANNAPETTA P.O. KOLLAM,
           PIN - 691311.

     5     CO-OPERATIVE ARBITRATION COURT
           JAWAHAR SAHAKARANA BHAVAN, DPI JN., THYCAUDU P.O.,
           THIRUVANANTHAPURAM REPRESENTED BY ITS PRESIDING OFFICER,,
           PIN - 695014.

           SMT.SURYA BINOY, SR. GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION           ON
16.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 34044 OF 2023                2



                                     JUDGMENT

The Channapetta Service Co-operative Bank Ltd. No.358 has

approached this Court with this Writ Petition challenging Ext.P12 order

issued by the Arbitration Court in a petition filed by the 4th respondent.

The petitioner asserts that the 4th respondent against whom disciplinary

proceedings have been initiated has filed an Arbitration case before the

Co-operative Arbitration Court, Thiruvananthapuram. It is contended that

without hearing the version of the petitioner herein, Ext.P12 interim order

has been issued restraining the Board of Directors of the Society not to

promote any other employee to the post of Secretary until further orders.

According to the petitioner, though Section 70 of the 'Act' empowers the

Court to pass an order which is interlocutory in nature, the Court ought to

have come to a prima facie finding that an order in the nature of the one

issued had to be passed. According to the learned counsel, the Arbitration

Court, without appreciating the facts and circumstances and the relevant

facts, has mechanically passed the order.

2. I have heard the learned counsel appearing for the petitioner

and the learned Government Pleader.

3. I find from the submissions that the grievance essentially

concerns Ext.P12 ex-parte order passed by the Arbitration Court. There

appears to be some merit in the submissions of the learned counsel that

injuncting the society from promoting any other employee in the society to

the post of Secretary is having serious consequences insofar as the society

is concerned, and such an order ought not to have been passed without

hearing the version of the society. In the facts and circumstances, I am of

the view that necessary directions can be issued to the Arbitration court to

permit the society to submit its objection to the application for interim relief

and consider whether Ext.P12 interim order passed is liable to be varied or

set aside. Necessary directions can be issued to the Arbitration Court to

permit the petitioner to file the objection and take a decision on the interim

application.

4. Resultantly, this Writ petition is disposed of, directing the

petitioner to approach the Co-operative Arbitration Court,

Thiruvananthapuram, and file an objection to Ext.P14 application for interim

relief. The Arbitration Court shall consider the objection and take a decision

after hearing both sides within a period of six weeks from the date of

receipt of a copy of this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE Sru

APPENDIX OF WP(C) 34044/2023

PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 18-06-2015.

Exhibit P2 A TRUE COPY OF THE FEEDER CATEGORY SUB RULES.

Exhibit P3 A TRUE COPY OF THE SENIORITY LIST DATED 31-03-2023 APPROVED BY THE COMMITTEE OF THE PETITIONER SOCIETY.

Exhibit P4 A TRUE COPY OF THE LIST OF EMPLOYEES OF THE PETITIONER SOCIETY AS ON 25-09-2023.

Exhibit P5 A TRUE COPY OF THE RESOLUTION DATED 14-02-2023 OF THE BOARD OF DIRECTORS OF THE PETITIONER SOCIETY.

Exhibit P6 A TRUE COPY OF THE SUSPENSION ORDER DATED 14-02-2023.

Exhibit P7 A TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 13-03-2023.

Exhibit P8 A TRUE COPY OF THE ENQUIRY REPORT DATED 03-08-2023.

Exhibit P9 A COPY OF THE NOTICE DATED 04.08.2023 ISSUED TO THE 4TH RESPONDENT.

Exhibit P10 A TRUE COPY OF THE ORDER DATED 11.08.2023.

Exhibit P11 A TRUE COPY OF THE APPEAL FILED BY THE 4TH RESPONDENT.

Exhibit P12 TRUE COPY OF THE ORDER DATED 8-9-2023 IN IA NO

1./2023 IN ARC NO 47/2023 ISSUED BY THE 5TH RESPONDENT.

Exhibit P13 TRUE COPY OF THE MEMORANDUM IN ARBITRATION CASE ARC NO 47/2023 FILED BY THE 4TH RESPONDENT BEFORE THE 5TH RESPONDENT.

Exhibit P14 TRUE COPY OF THE APPLICATION IN IA NO 1/2023 IN ARC NO 47/2023 FILED BY THE 4TH RESPONDENT TO THE 5TH RESPONDENT.