Kerala High Court
Faizal.V vs The Peruvayal Service Co-Operative ... on 17 October, 2024
Author: N.Nagaresh
Bench: N.Nagaresh
2024:KER:77024
W.P.(C) No.33757/2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 17TH DAY OF OCTOBER 2024/25TH ASWINA, 1946
WP(C) NO. 33757 OF 2024
PETITIONER:
FAIZAL V.,
AGED 47 YEARS,
SENIOR CLERK, (UNDER TERMINATION)
PERUVAYAL SERVICE CO-OPERATIVE BANK
LTD.NO.LL 26,
PERUVAYAL.P.O.,
KOZHIKODE,
RESIDING AT VITHARATH HOUSE,
VALLIAPARAMBU,
KOZHIKODE,
PIN - 673008
BY ADVS.
SRI.P.P.JACOB
SRI.MARIYAM JACOB
RESPONDENTS:
1 THE PERUVAYAL SERVICE CO-OPERATIVE BANK
LTD.NO.LL 26,
PERUVAYAL.P.O.,
KOZHIKODE,
REPRESENTED BY ITS SECRETARY, PIN - 673008
2 THE CO-OPERATIVE ARBITRATION COURT,
NORTHERN ZONE,
KOZHIKODE,
PIN - 673032
3 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
CO-OPERATION © DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
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W.P.(C) No.33757/2024
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4 THE HIGH COURT OF KERALA,
ERNAKULAM,
REPRESENTED BY ITS REGISTRAR GENERAL,
ERNAKULAM, PIN - 682031
BY ADVS.
SMT.NAYANPALLY RAMOLA
SRI.P.P.THAJUDHEEN, SPL. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C) No.33757/2024
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JUDGMENT
Dated this the 17th day of October, 2024
The petitioner, while working as Senior Clerk in the 1 st
respondent-Bank, was suspended from service with effect
from 25.08.2019. Disciplinary action was initiated and the
petitioner was terminated from service as per Ext.P2 order.
Appeal was rejected. The petitioner filed A.R.C. No.17 of 2021
praying to set aside the disciplinary action, termination from
service and to get reinstated with backwages.
2. The 2nd respondent initially attempted to
consider the validity of enquiry. The petitioner filed W.P.(C)
No.628 of 2023 and as per Ext.P4 judgment, direction was
issued to consider the dispute on merits. The Arbitration Court
proceeded to conduct and complete the trial. The 1st
respondent filed W.P.(C) No.26027 of 2023 challenging the
order of the Arbitration Court, which was dismissed.
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3. The 1st respondent filed W.A.No.2133 of
2023, which was disposed of with direction to consider the
validity of the enquiry initially, permitting the petitioner to
produce evidence, as per Ext.P5 judgment. The 2nd
respondent considered the evidence adduced and the
question regarding the validity of the enquiry was reserved for
orders by March, 2024.
4. For the last more than six months, the
Presiding Officer is not available in the Arbitration Court due to
expiry of the term. The State Government amended the Kerala
Co-operative Societies Rules, 1969. Rule 67(4) of the Kerala
Co-operative Societies Rules has been amended as per
Ext.P6 draft rules published by the Government on 27.07.2024
as per order No.Co-op.B1/258/2019/Co-op, wherein the
qualifications for appointing the Presiding Officer was
amended. Now, only an Officer of and above the rank of a
Munsiff-Magistrate (Civil Judge Junior Division) of the judicial
service can be appointed by the Government on deputation,
with due consultation with the High Court of Kerala. The
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petitioner states that several cases are pending before the
Arbitration Court without adjudication.
5. The petitioner is facing difficulty for the last
more than six months. There is omission and willful inaction on
the part of the State Government in filling up the post of
Presiding Officer of the 2nd respondent. Due and proper
direction may be issued to fill up the post of the Presiding
Officer, urged the petitioner.
6. Government Pleader, on instructions,
submits that there is vacancy of Presiding Officer in the
Arbitration Court. In view of the amendment to Section
70A(2), now the qualification of the Presiding Officer has been
amended and the Presiding Officer should be a person holding
not below the rank of a Munsiff Magistrate. In view of the
amendment, consultation has been made with the Registrar of
the High Court of Kerala and the High of Kerala in principle
has agreed to provide the service of a Senior Civil Judge, on
suggestion that the Arbitration Court shall be made a Digital
Court. Discussions in this regard are going on. Government
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Pleader further submits that a Nodal Officer is being appointed
by the Government for expediting the process.
7. Heard.
8. In the absence of a Presiding Officer in the
Arbitration Court, the litigating members of the Co-operative
institutions across the State will be suffering. The absence of
Presiding Officer in Arbitration Court will result in members
approaching the High Court invoking Article 226 of the
Constitution of India, which will burden the High Court with
further workload. Therefore, expeditious appointment of
Presiding Officer in the Arbitration Court is an urgent
necessity, in public interest also.
In the afore facts, the writ petition is disposed of
directing respondents 3 and 4 to conclude the process of
appointing Presiding Officer in the Arbitration Court as
expeditiously as possible.
Sd/-
N. NAGARESH
JUDGE
SR
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APPENDIX OF WP(C) 33757/2024
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE PHOTOCOPY OF THE ORDER DATED
25.8.2019 ISSUED BY THE PRESIDENT OF
THE FIRST RESPONDENT TO THE
PETITIONER.
Exhibit P2 TRUE PHOTOCOPY OF THE ORDER DATED NIL
ISSUED BY THE PRESIDENT OF THE FIRST
RESPONDENT TO THE PETITIONER.
Exhibit P3 TRUE PHOTOCOPY OF THE A.R.C.NO.17
DATED 2.8.2021 FILED BY THE PETITIONER
BEFORE THE ARBITRATION COURT,
KOZHIKODE.
Exhibit P4 TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.
(C) 628/23 DATED 2.2.2023.
Exhibit P5 TRUE PHOTOCOPY OF THE JUDGMENT IN W.A
2133/23 DATED 17.1.24.
Exhibit P6 TRUE PHOTOCOPY OF THE RELEVANT PORTION
OF THE DRAFT RULES, PAGES 1,2, 26, 27
AND 37 OF THE AMENDMENT RULES.
