Citation : 2025 Latest Caselaw 9579 Ker
Judgement Date : 10 October, 2025
2025:KER:75371
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WA NO. 1259 OF 2020
AGAINST THE JUDGMENT DATED 11.07.2019 IN WP(C) NO.34922
OF 2016 OF HIGH COURT OF KERALA
APPELLANT/PETITIONER:
SHEEMA MOLE J VELIYANNUKARAN, AGED 49 YEARS
W/O.T.V. TONNY, RESIDING AT THAYYALAKKAL HOUSE,
P.O. ALAGAPPA NAGAR, THRISSUR. 680 302.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENTS/RESPONDENTS:
1 GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,
THRISSUR- 680 003
2 THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-
OPERATIVE SOCIETY
LIMITED.N.S.IND (R) 240, DIC, AYYANTHOLE,
THRISSUR DISTRICT - 680 003. REPRESENTED BY
IT'S PRESIDENT/MANAGING DIRECTOR.
3 DISTRICT OFFICER,
KERALA PUBLIC SERVICE COMMISSION, 2ND FLOOR,
TOWN HALL ROAD, THRISSUR TOWN,
THRISSUR - 680 020
W.A.No.1259 of 2020 & con. cases
2025:KER:75371
..2..
4 THE MANAGING COMMITTEE OF THRISSUR DISTRICT
MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD.
N.S.IND (R)240, REPRESENTED BY PRESIDENT, DIC,
AYYANTHOLE, THRISSUR DISTRICT - 680 003.
5 P.K.SHEENA,
CLERK, THRISSUR DISTRICT MINI INDUSTRIAL ESTATE
CO-OPERATIVE SOCIETY LTD.N.S.IND (R)240, DIC,
AYYANTHOLE, THRISSUR DISTRICT - 680 003.
BY ADVS.
SHRI.T.R.HARIKUMAR
SRI.ARJUN RAGHAVAN
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
SHRI.P.P.THAJUDEEN SPL. G.P. (CO-OPERATION)
SRI.K.R.RANJITH
OTHER PRESENT:
GP SMT RESMITHA R CHANDRAN
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.10.2025, ALONG WITH WA.172/2021 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1259 of 2020 & con. cases
2025:KER:75371
..3..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WA NO. 172 OF 2021
AGAINST THE JUDGMENT DATED 11.07.2019 IN WP(C) NO.38782
OF 2016 OF HIGH COURT OF KERALA
APPELLANT/1ST RESPONDENT:
SHEEMA MOLE J. VELIYANNUKARAN, AGED 49 YEARS
W/O. T. V. TONNY, RESIDING AT VELIYANNUKKARAN
HOUSE, KUNNAMKATTUKARA P. O.,
THRISSUR DISTRICT - 680 751.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENTS/PETITIONERS/RESPONDENTS 2 & 3:
1 THE BOARD OF DIRECTORS OF THE THRISSUR DISTRICT
MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY
LIMITED NO.S.IND(R0 240, REPRESENTED BY ITS
CHAIRMAN, DISTRICT INDUSTRIES CENTRE,
AYYANTHOLE, THRISSUR DISTRICT - 680 001.
2 THE THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-
OPERATIVE SOCIETY LIMITED
NO.S.IND(R) 240, REPRESENTED BY ITS MANAGING
DIRECTOR, DISTRICT INDUSTRIES CENTRE,
AYYANTHOLE, THRISSUR DISTRICT, PIN - 680 003.
3 THE GENERAL MANAGER
DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,
THRISSUR DISTRICT, PIN - 680 003.
W.A.No.1259 of 2020 & con. cases
2025:KER:75371
..4..
4 THE KERALA CO-OPERATIVE TRIBUNAL
THIRUVANANTHAPURAM - 695 001.
BY ADVS.
SHRI.T.R.HARIKUMAR
GOVERNMENT PLEADER SMT RESMITHA R CHANDRAN
SRI.ARJUN RAGHAVAN
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
SRI.P.P.THAJUDEEN, SPL.GOVERNMENT PLEADER
SRI.K.R.RANJITH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.10.2025, ALONG WITH WA.1259/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1259 of 2020 & con. cases
2025:KER:75371
..5..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WA NO. 151 OF 2021
AGAINST THE JUDGMENT DATED 11.07.2019 IN WP(C) NO.2556 OF
2017 OF HIGH COURT OF KERALA
APPELLANT/1ST RESPONDENT:
SHEEMA MOLE J.VELIYANNUKKARAN, AGED 49 YEARS
W/O.T.V.TONNY, RESIDING AT VELIYANNUKKARAN
HOUSE, KUNNAMKATTUKARA P.O., THRISSUR DISTRICT-
680751.
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENTS/PETITIONER/RESPONDENTS 2 & 3:
1 THE BOARD OF DIRECTORS OF THE THRISSUR DISTRICT
MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY
LIMITED NO.S.IND(R)240, REPRESENTED BY ITS
CHAIRMAN, DISTRICT INDUSTRIES CENTRE,
AYYANTHOLE, THRISSUR-680003.
2 THE GENERAL MANAGER,
DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,
THRISSUR DISTRICT-680003.
3 THE KERALA CO-OPERATIVE TRIBUNAL,
THIRUVANANTHAPURAM-695001.
BY ADVS.
SHRI.T.R.HARIKUMAR
GOVERNMENT PLEADER SMT RESMITHA R CHANDRAN
W.A.No.1259 of 2020 & con. cases
2025:KER:75371
..6..
SRI.ARJUN RAGHAVAN
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
SHRI.P.P.THAJUDEEN SPL. G.P. (CO-OPERATION)
SRI.K.R.RANJITH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.10.2025, ALONG WITH WA.1259/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1259 of 2020 & con. cases
2025:KER:75371
..7..
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. NITIN JAMDAR
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 10TH DAY OF OCTOBER 2025 / 18TH ASWINA, 1947
WA NO. 187 OF 2021
AGAINST THE JUDGMENT DATED 11.07.2019 IN WP(C) NO.2047 OF
2017 OF HIGH COURT OF KERALA
APPELLANT/5TH RESPONDENT:
SHEEMA MOLE J. VELIYANNUKARAN, AGED 49 YEARS
W/O T.V.TONNY, RESIDING AT VELIYANNUKKARAN
HOUSE, KUNNAMKATTUKARA P.O.
THRISSUR DISTRICT-680 751(WRONGLY SHOWN AS
SHEENA MOLE J.VELIYANNUKARAN IN THE WRIT
PETITION)
BY ADVS.
SRI.T.C.SURESH MENON
SRI.P.S.APPU
RESPONDENTS/PETITIONER/RESPONDENTS 1 TO 4:
1 SHEENA P.K., CLERK,
THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-
OPERATIVE SOCIETY LIMITED NO. S. IND(R) 240,
DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,
THRISSUR-680 003.
2 THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-
OPERATIVE SOCIETY LIMITED NO S.IND (R0 240,
DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,
THRISSUR-680 03,
REPRESENTED BY ITS MANAGING DIRECTOR
3 THE BOARD OF DIRECTORS OF THE THRISSUR DISTRICT
MINI INDUSRIAL ESTATE CO-OPERATIVE SOCIETY
W.A.No.1259 of 2020 & con. cases
2025:KER:75371
..8..
LIMITED, NO. S.IND9R0 240, DISTRICT INDUSTRIES
CENTRE, AYYANTHOLE, THRISSUR-680 003,
REPRESENTED BY ITS CHAIRMAN
4 THE MANAGING DIRECTOR,
THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-
OPERATIVE SOCIETY LIMITED, NO S.IND(R) 240,
DISTRICT INDUSTRIES CENTE, AYYANTHOLE,
THRISSUR-680 003.
5 THE GENERAL MANAGER,
DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,
THRISSUR-680 003.
BY ADVS.
SHRI.T.R.HARIKUMAR
GOVERNMENT PLEADER SMT RESMITHA R CHANDRAN
SRI.ARJUN RAGHAVAN
SHRI.N.MANOJ KUMAR, STATE ATTORNEY
SRI.P.G.PRAMOD, SENIOR G.P.
SRI.P.P.THAJUDEEN, SPL.GOVERNMENT PLEADER
SRI.K.R.RANJITH
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON
10.10.2025, ALONG WITH WA.1259/2020 AND CONNECTED CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.A.No.1259 of 2020 & con. cases
2025:KER:75371
..9..
JUDGMENT
Dated this the 10th day of October, 2025
Nitin Jamdar, C.J.
On 7 October 2025, the following order came to be passed:
"Heard Mr. P.C. Sasidharan, learned Standing Counsel for the Kerala Public Service Commission and Mr. M.M. Monai, learned Standards Counsel for the Thrissur District Mini Industrial Estate Cooperative Society Limited, Mr. Arjun Raghavan, learned counsel appearing for Respondent No.1 in W.A.No.151 of 2021 and Mr. P. Ramakrishnan, learned counsel appearing for Respondent No.1 in W.A.No.187 of 2021.
2. The legal issues raised in these appeals and the writ petitions were referred for consideration of the Full Bench of this Court which rendered its opinion by order dated 30 August 2020. When the matters came up on board on 8 September 2025, the learned counsel for the parties pointed out that the matters will now have to be taken up individually as the facts may differ in light of the law declared by the Full Bench.
3. In this group, the writ petitions pending before the learned Single Judge have been tagged along with the appeals, as the question of law involved is common. Now, since the Full Bench has rendered its opinion, the writ petitions will have to decided as per the law laid down in the facts of the case. The Registry is directed to place the writ petitions before the learned Single Judge as per roaster.
4. Perusal of the impugned order in the appeals would W.A.No.1259 of 2020 & con. cases
2025:KER:75371 ..10..
show that the learned Single Judge has primarily relied on the decision of the Division Bench in the case of Ambika v. Kottappady Service Cooperative Bank Ltd to hold that the Co-operative Arbitration Court and the Tribunal do not possess the power of reinstatement. The Full Bench has now reversed the decision in the case of Ambika and held that the Co-operative Arbitration Court / Tribunal do possess the power to reinstate. The impugned judgments have not addressed the merits of the cases but have only dealt with the question of law. Therefore, these matters will have to be placed before the learned Single Judge to be considered on their merits, in light of the Full Bench's holding that the power of reinstatement does exist and continues to be applicable. The learned counsel for the Respondents however submits that, since there was no interim order, the matters were remanded to the Tribunal, which in turn remanded them to the Co-operative Arbitration Court, and the new orders issued by the Co operative Arbitration Court are the subject matter of challenge in various writ petitions currently pending before the Single Judge.
5. In the appeals, none appears for the Appellants. If none appears on the next date of hearing, the Court may consider disposing of the appeals leaving the contentions of the parties open in the fresh challenges that have been now raised by the Appellants in their writ petitions.
6. Post on 10 October 2025 "
***
2. The learned counsel for the Appellant appears and tenders apology for not remaining present. He points out that it is true that W.A.No.1259 of 2020 & con. cases
2025:KER:75371 ..11..
after the judgment dated 11 July 2019 was rendered, the matters were remitted to the Kerala Co-operative Tribunal, which in turn remanded them to the Co-operative Arbitration Court. The Arbitration Court ordered compensation in lieu of reinstatement and the said order is now the subject matter of challenge in various writ petitions currently pending before the learned Single Judge. He also submits that now that the law has been declared that the reinstatement can be granted by the Co-operative Tribunal and the Co-operative Arbitration Court, this aspect will have to be considered.
3. As noted in the earlier order, since this issue on merits has not been considered by the learned Single Judge, it is appropriate that the appeals be disposed of restoring the writ petitions filed by the Petitioners so that all matters can be heard together.
4. Accordingly, the judgment dated 11 July 2019 in W.P.(C) Nos.34922 of 2016, 38782 of 2016, 2047 of 2017 and 2556 of 2017 of the learned Single Judge which holds that no power of reinstatement exists with the Co-operative Arbitration Court or the Tribunal, is set aside in light of the decision of the Full Bench of this Court dated 30 August 2020. W.P.(C) Nos.34922 of 2016, 38782 of 2016, 2047 of 2017 and 2556 of 2017 are accordingly restored to the file to be considered on their own merits. W.A.No.1259 of 2020 & con. cases
2025:KER:75371 ..12..
5. The Writ Appeals are disposed of accordingly.
Sd/-
Nitin Jamdar Chief Justice
Sd/-
Basant Balaji Judge ds 10.10.2025
Publish Your Article
Campus Ambassador
Media Partner
Campus Buzz
LatestLaws.com presents: Lexidem Offline Internship Program, 2026
LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!