Sreelatha L vs The Kerala State Handloom Weavers’ ...
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Kerala High Court

Sreelatha L vs The Kerala State Handloom Weavers’ ... on 6 September, 2024

Author: Murali Purushothaman

Bench: Murali Purushothaman

                                                         2024:KER:67872


                 IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN

          FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                           WP(C) NO. 30468 OF 2024


PETITIONER:

              SREELATHA L
              AGED 48 YEARS
              W/O V SANTHOSH KUMAR, EMPORIUM MANAGER, CENTRAL DEPOT
              NO.2, HANTEX HEAD OFFICE, PB NO.64, OOTTUKUZHI,
              THIRUVANANTHAPURAM - 695 001, NOW RESIDING AT HOUSE
              NO.70, MARICHEENI VILA VEEDU, KAKKANADU LANE,
              KESAVADASAPURAM, PATTOM PALACE PO,
              THIRUVANANTHAPURAM, PIN - 695 004.

              BY ADV R.REJI KUMAR


RESPONDENTS:

     1        THE KERALA STATE HANDLOOM WEAVERS' CO-OPERATIVE SOCIETY
              LTD, REPRESENTED BY ITS MANAGING DIRECTOR
              HANTEX HEAD OFFICE, PB NO.64, OOTTUKUZHI,
              THIRUVANANTHAPURAM, PIN - 695 001.

     2        THE DIRECTOR & FUNCTIONING REGISTRAR
              DIRECTORATE OF HANDLOOMS AND TEXTILES, 4TH FLOOR, VIKAS
              BHAVAN THIRUVANANTHAPURAM, PIN - 695 033.

     3        THE SECRETARY TO GOVERNMENT
              INDUSTRIES DEPARTMENT, SECRETARIAT,
              THIRUVANANTHAPURAM, PIN - 695 001.

     *4       THE REGISTRAR OF CO-OPERATIVE SOCIETIES
              DEPARTMENT OF CO-OPERATION, OFFICE OF THE REGISTRAR OF CO-
              OPERATIVE SOCIETIES, JAWAHAR SANKARA BHAVAN, DPI JUNCTION,
              THYCAUD P O, THIRUVANANTHAPURAM, PIN - 695 014.
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                                                           2024:KER:67872



            (ADDITIONAL 4TH RESPONDENT HAS BEEN IMPLADED AS PER ORDER
            DATED 06.09.2024 IN I.A. NO.1 OF 2024 IN W.P.(C) NO. 30468 OF
            2024)

            BY ADV. MARY BEENA JOSEPH, SENIOR GOVERNMENT PLEADER.



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 30468 OF 2024               : 3 :

                                                          2024:KER:67872




                             JUDGMENT

While working as Emporium Manager under the 1st

respondent Society, the petitioner was placed under

suspension by Ext.P2 order dated 06.07.2023. Challenging

Ext.P2, the petitioner approached the Co-operative

Arbitration Court vide ARC No.36/2023 invoking the

provisions contained in Section 69(2)(d) of the Kerala Co-

operative Societies Act, 1969 (for short 'the Act'). The

Co-operative Arbitration Court, by Ext.P3 order, stayed

Ext.P2 order of suspension. Since the petitioner was not

re-instated pursuant to Ext.P3, she moved the

Co-operative Arbitration Court, and the Court by Ext.P5,

passed further orders confirming Ext.P3 and directing the

1st respondent Society to permit the petitioner to join

2024:KER:67872

service. Since she was not permitted to rejoin duty

despite the directions in Ext.P3 and P5 orders, she

approached the 2nd respondent, the Director of

Handlooms, who is 'Functioning Registrar', invoking

the provisions under Section 76 of the Act, by Ext.P7

petition. However, the 2nd respondent has not acted upon

Ext.P7. The petitioner has therefore filed this writ

petition for the following reliefs:-

"i) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st/3rd respondents to forthwith reinstate the petitioner in service with all consequential benefits;

ii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the 3rd respondent to consider and pass orders on Ext P.7 representation as expeditiously as possible;

2024:KER:67872

iii) to issue a writ of mandamus or any other appropriate writ, direction or order directing the Arbitration Court to dispose ARC No.36/2023 which is pending on the files of the said Court, as expeditiously as possible;"

2. Heard the learned Counsel for the petitioner

and the learned Government Pleader for respondents 2

and 3. In the nature of the order I propose to pass,

notice to the 1st respondent is dispensed with.

3. In the facts and circumstances of the case and

having regard to the submissions made across the Bar,

there will be a direction to the 2nd respondent to

consider Ext.P7 representation filed by the petitioner

invoking the provisions of Section 76 of the Act, as

expeditiously as possible, after hearing the 1 st

respondent, at any rate, within a period of one month

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from the date of receipt of a copy of this judgment.

The writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SRJ

2024:KER:67872

APPENDIX OF WP(C) 30468/2024

PETITIONER'S EXHIBITS

EXHIBIT P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 02- 08-2022 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 06-07-2023 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 21-07-2023 IN IA NO.1/2023 IN ARC NO. 36/2023 OF THE HON'BLE ARBITRATION COURT.

EXHIBIT P4 TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 22-07-2023 SUBMITTED BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE AWARD DATED 19-07-2024 IN IA NO.1/2023 IN ARC NO.36/2023 OF THE ARBITRATION COURT, THIRUVANANTHAPURAM .

EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 06-08- 2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 09-08- 2023 SUBMITTED BEFORE THE 3RD RESPONDENT BY THE PETITIONER.