IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WA.No. 1255 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.26247/2005 Dated 25/02/2008 .................... APPELLANT(S): APPELLANT ----------------------- MANAGING COMMITTE OF SREE NARAYANA COLLEGE CO-OP SOCIETY, KOLLAM REP. BY ITS HONOURARY SECRETARY, P.K.SUDARSANAN, AGED 48, S/O.V.KUNJU PILLAI, READER IN COMMERCE, S.N COLLEEGE, KOLLAM RESIDING AT DARSANA, TOWN LIMIT, KILIKOLLOOR.P.O, KOLLAM. BY ADV. SRI.C.UNNIKRISHNAN (KOLLAM) RESPONDENT(S): RESPONDENTS -------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION, SECRETARIAT, TRIVANDRUM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, TRIVANDRUM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOLLAM. 4. G. LALITHA BHAI, LAILA SADANAM, MUNDAKKAL, KOLLAM. ADV. DR.K.P.SATHEESAN FOR R4 SRI.K.K.GOPINATHAN NAIR FOR R4 GOVT.PLEADER SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.1255 of 2008 ---------------------------------------------- Dated 18th February, 2010. J U D G M E N T Balakrishnan Nair, J. The writ petitioner is the appellant, which is the Managing Committee of a Cooperative Society. The Writ Petition was filed by it, challenging Exts.P7, P22 and Ext.P26. Ext.P7 is an order dated 25.3.1998, passed by the Joint Registrar of Cooperative Societies, rescinding the resolution of the appellant, cancelling the decision of the Administrator in favour of the 4th respondent, to reinstate her in service. Ext.P22 is an order dated 2.11.2002, passed by the Joint Registrar, superseding the Managing Committee of the Society, for not implementing Ext.P7. Ext.P26 is an order dated 14.6.2005, passed by the Government on Ext.P8 appeal filed by the appellant, challenging Ext.P7. Not only the appeal was dismissed, but also certain directions adverse to the appellant, were issued by the Government, in Ext.P26. The learned Single Judge, after hearing both sides, dismissed the Writ Petition. Hence, this Writ Appeal. WA NO.1255/08 2 2. The 4th respondent was an employee of the appellant, who was out of service from 1.6.1988 to 18.12.1996. Again, she was out of service, pursuant to the suspension order passed by the competent authority, on 26.11.1997. 3. When the Writ Appeal was heard, having regard to the facts of the case, a proposal was mooted, whether the punishment of the 4th respondent could be converted into one of compulsory retirement from service, so that she could get whatever terminal benefits available to her, under law. The learned counsel for the appellant submitted that the Society is willing to treat the removal of the 4th respondent from service from 26.11.1997, as one of compulsory retirement. The learned counsel for the 4th respondent agreed to the above suggestion. In view of the above fair stand taken by both sides, we dispose of the Writ Appeal, with a direction to the appellant to treat that the appellant has retired from service, on 26.11.1997. The terminal benefits payable to her shall be released, within three months from today. The claim for arrears of wages due to the 4th respondent for the period she has actually worked, shall also be WA NO.1255/08 3 settled by the appellant, within the above mentioned time limit. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. tgs K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ---------------------------------------------- W.A. No.1255 of 2008 ---------------------------------------------- J U D G M E N T Dated 18th February, 2010.