IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 WP(C).No. 27561 of 2009(M) -------------------------- PETITIONER(S): ---------------------- V.GOPIKRISHNAN, VALIYAVEEDU,POLPULLY P.O.,PALAKKAD. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES,OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PALAKKAD DISTRICT. 3. BOARD OF DIRECTORS OF THE POLPULLY SERVICE CO-OPERATIVE BANK LTD.NO.F.1198, REP.BY ITS PRESIDENT,POLPULLY P.O., PALAKKAD DISTRICT. 4. THE POLPULLY SERVICE CO-OPERATIVE BANK LTD.NO.F.1198,REP.BY ITS SECRETARY, POLPULLY P.O.,PALAKKAD DISTRICT. BY GOVERNMENT PLEADER MR. K.S. MOHAMMAD HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27561 of 2009(M) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - A TRUE COPY OF THE COMMUNICATION DATED 11.01.2002 ALONG WITH RESOLUTION NO. 9 DATED 3.1.2002. EXT.P2 - A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19.11.2002. EXT.P3 - A TRUE COPY OF THE PROCEEDING OF THE SUB-COMMITTEE DATED 23.12.2002 DISMISSING THE PETITIONER FROM SERVICE. EXT.P4 - A TRUE COPY OF THE APPEAL FILED BY THE PETITIONER DATED 31.1.2003 BEFORE THE PRESIDENT. EXT.P5 - A TRUE COPY OF THE ORDER OF THE APPEAL DATED 9.5.2003. EXT.P6 - A TRUE COPY OF THE APPLICATION FILED BY THE PETITIONER FOR RESENDING THE RESOLUTION DATED 8.7.2003. EXT.P7 - A TRUE COPY OF THE PROCEEDING IN CRP NO. 4062/2003 DATED 19.1.2005 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. EXT.P8 - TRUE COPY OF THE ORDER NO. 295/09/CO-OP DATED 01.6.2009. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... W.P(C) No. 27561 of 2009 ................................................. Dated this the 8th day of October, 2009 J U D G M E N T The petitioner was an employee of the 4th respondent Co-operative bank. Disciplinary proceedings were initiated against him and the punishment of dismissal from service was imposed on him. The petitioner filed a petition under Rule 176 of the Kerala Co-operative Societies Rules, which was allowed by the Joint Registrar of Co-operative Societies by Ext.P7 rescinding the resolution dismissing the petitioner from service and directing reinstatement with backwages. The 4th respondent bank filed an appeal before the Government under Section 83 of the Kerala Co- operative Societies Act, which was allowed by Ext.P8 and the order of the Joint Registrar of Co-operative Societies was set aside. The petitioner is challenging Ext.P8 order. Although notice was served by special messenger, none appears for the bank. The learned Government Pleader argues in support of Ext.P8 order. 2. I have considered the rival contentions in detail. 3. I am of opinion that in so far as the Government themselves W.P(C) No. 27561 of 2009 -2- in Ext.P8 held that the dispute should have been referred to the Arbitration court under Section 69 of the Kerala Co-operative Societies Act, it was not proper on the part of the Government to enter findings on merit of the contentions of the parties. The Government should have set aside the order of the Joint Registrar, without prejudice to the right of the petitioner to file a petition under Section 69. I am of opinion that in so far as neither in Exts.P7 nor in P8 is their any finding that any provisions of the Co- operative Societies Act or rules have been violated, the Joint Registrar ought not to have exercised powers under Rule176 to interfere with the resolution of the Bank. He should also have left the parties to settle their disputes in proceedings under Section 69 of the Co-operative Societies Act. In that view, Exts.P7 and P8 orders are quashed. If the petitioner files an arbitration case before the Arbitration Court within one month from today, along with a certified copy of this judgment, Arbitration court shall entertain that arbitration case as one filed within time under Section 69 of the Kerala Co-operative Societies Act and dispose of the same in accordance with law. S. SIRI JAGAN, JUDGE rhs