IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 9TH JUNE 2008 / 19TH JYAISHTA 1930 WP(C).No. 34180 of 2007(R) --------------------------------------- PETITIONERS: ------------------- 1. T.CHANDRA MOHANAN, SECRETARY, VELLINAZHI PANCHAYAT SERVICE CO-OPERATIVE BANK LTD., THIRUVAZHIYODE, PALAKKAD DISTRICT. 2. C.RADHAKRISHNAN, JUNIOR CLERK, VELLINAZHI PANCHAYAT SERVICE CO-OPERATIVE BANK LTD., THIRUVAZHIYODE, PALAKKAD DISTRICT. 3. P.PREMALATHA, PEON, VELLINAZHI PANCHAYAT SERVICE CO-OPERATIVE BANK LTD., THIRUVAZHIYODE, PALAKKAD DISTRICT. 4. SANDHYA C., NITHYA NIDHI DEPOSIT AGENT, VELLINAZHI PANCHAYAT SERVICE CO-OPERATIVE BANK LTD., THIRUVAZHIYODE, PALAKKAD DISTRICT. 5. K.PRAJEESH, NITHYA NIDHI DEPOSIT AGENT, VELLINAZHI PANCHAYAT SERVICE CO-OPERATIVE BANK LTD., THIRUVAZHIYODE, PALAKKAD DISTRICT. 6. O.S.SREEDHARAN, NITHYA NIDHI DEPOSTI AGENT, VELLINAZHI PANCHAYAT SERVICE CO-OPERATIVE BANK LTD., THIRUVAZHIYODE, PALAKKAD DISTRICT. 7. JAYAKRISHNAN A., NITHYA NIDHI DEPOSIT AGENT, VELLINAZHI PANCHAYAT SERVICE CO-OPERATIVE BANK LTD., THIRUVAZHIYODE, PALAKKAD DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) RESPONDENTS: ----------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PALAKKAD. W.P.(C) NO.34180/2007 2. THE VELLINAZHI PANCHAYAT SERVICE CO-OPERATIVE BANK LIMITED, THIRUVAZHIYODE, PALAKKAD DISTRICT. *ADDL. R3 AND R4 IMPLEADED 3. RADHAKRISHNAN C., MEMBER NO.151, VELLINAZHI PANCHAYATH SERVICE CO- OPERATIVEBANK LTD., THIRUVAZIYODE, PALAKKAD DIST. RESIDING AT CHARUPPUMPULLIL HOUSE, THIRUNARAYANAPURAM P.O., OTTAPPALAM, PALAKKAD. 4. K.BABURAJAN, MEMBER, NO.580, VELLI NAZHI PANCHAYAT SERVICE CO- OPERATIVE BANK LTD., THIRUVAZHIYODE, PALAKKAD DIST. THIRUVAZHIYODE, PALAKKAD DIST. RESIDING AT KAPPIL HOUSE, THIRUNARAYANAPURAM P.O., OTTAPPALAM, PALAKKAD DIST. * ADDL. R3 AND R4 ARE IMPLEADED AS PER ORDER DT. 19.12.2007 IN IA. NO.16606/07. R1 BY SPL. GOVERNMENT PLEADER SMT.A.G.ANEETHA R2 BY ADV. SMT.SMITHA GEORGE R3 & R4 BY ADV. SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2008, ALONG WITH WPC. NO.2581 OF 2008 THE COURT ON 09/06/2008 DELIVERED THE FOLLOWING: W.P.(C) NO.34180/2007 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE NOTICE DT. 18.10.07 ISSUED BY R1 TO R2. EXT.P2:- COPY OF THE NOTICE DT. 12.11.07 ISSUED BY R2 TO THE IST PETITIONER. EXT.P3:- COPY OF THE NOTICE DT. 12.11.07 ISSUED BY R2 TO THE 2ND PETITIONER. EXT.P4:- COPY OF THE NOTICE DT. 12.11.07 ISSUED BY R2 TO THE 3RD PETITIONER. EXT.P5:- COPY OF THE NOTICE DT. 12.11.07 ISSUED BY R2 TO THE 4TH PETITIONER. EXT.P6:- COPY OF THE NOTICE DT. 12.11.07 ISSUED BY R2 TO THE 5TH PETITIONER. EXT.P7:- COPY OF THE NOTICE DT. 12.11.07 ISSUED BY R2 TO THE 6TH PETITIONER. EXT.P8:- COPY OF THE NOTICE DT. 12.11.07 ISSUED BY R2 TO THE 7TH PETITIONER. EXT.P9:- COPY OF THE ORDER DT. 8.5.2006 ISSUED BY R1. RESPONDENT'S EXHIBITS EXT.R2(a):- COPY OF THE ORDER DT. 15.3.2006 ISSUED BY R1. EXT.R2(b):- COPY OF THE ORDER DT. 6.8.2005 ISSUED BY R1. EXT.R2(c):- COPY OF THE ORDER DT. 19.5.2006 ISSUED BY R1. /TRUE COPY/ P.S. TO JUDGE tss Thottathil B. Radhakrishnan, J. ================================== W.P.(C)No.34180 of 2007 ================================== Dated this the 9th day of June, 2008. JUDGMENT This writ petition is filed by seven, who are employed in the service of the second respondent, a service co-operative bank. By Ext.P1, notice was issued by the Joint Registrar calling upon the committee to show cause against supersession in terms of Section 32 of the Kerala Co-operative Societies Act, 1969. Following that notice, the employer co-operative society issued notices to the petitioners to show cause against their removal from service. This writ petition is filed challenging such procedure. 2. Ext.P1 notice issued to the committee of the second respondent to show cause against supersession led to a supersession order dated 15- 1-2008. That order has been quashed as per WPC34180/2007 -:2:- judgment delivered today in W.P.(C)No.2581 of 2008. 3. The plea of the petitioners, supported also by the counter affidavit of the second respondent, is that they were appointed after following a due process of selection and such appointments, which were of a temporary nature were also later regularized by the decision of the Joint Registrar. The proposed action, as per Exts.P2 to P8, was the immediate and direct result of Ext.P1 notice under Section 32(1). The supersession proceedings, having found against, including on the grounds on merits, Ext.P1 itself does not survive. The proceedings initiated as per Exts.P2 to P8 also has to necessarily go. Those actions, though by a co-operative society, are intricately dependent on a statutory action taken in the form of Ext.P1 and therefore notwithstanding that Exts.P2 to P8 are actions by a co-operative society, they have to be interfered with by this Court in exercise of writ WPC34180/2007 -:3:- jurisdiction. In the result, this writ petition is allowed directing that no further action shall follow on the basis of Exts.P2 to P8. Thottathil B.Radhakrishnan, Judge. sl.