IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 1948 of 2011(P) ------------------------- PETITIONER: ------------------- GIRIJA DEVI, SECRETARY (UNDER ORDERS OF REINSTATEMENT) PAZHUVIL SERVICE CO-OP.BANK LTD NO.126,THRISSUR BY ADVS. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): ------------------------ 1. PUZHUVIL SERVICE CO-OP.BANK LTD.NO.126 PAZHUVIL,THRISSUR REP.BY ITS SECRETARY IN CHARGE PIN 680564 2. BOARD OF DIRECTORS OF PUZHUVIL SERVICE CO-OP.BANK LTD.NO.126 THRISSUR, REP.BY ITS PRESIDENT, PIN-680564 3. THE JOINT REGISTRAR OF CO-OP.SOCIETIES (G)THRISSUR-680003 R1 &R2 BY ADV. SRI.P.C.SASIDHARAN BY GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2011, ALONG WITH WPC NO. 12777 OF 2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 1948 of 2011(P) ------------------------------------ APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE SUSPENSION ORDER ISSUED BY FIRST RESPONDENT DATED 2.1.2006. EXT.P2. COPY OF THE LETTER ISSUED BY THE PETITIONER DATED 6.8.2005 EXT.P3. COPY OF THE LETTER ISSUED BY EMPLOYEE RAJESH DATED 9.8.2005 EXT.P4. COPY OF THE RESOLUTION NO.159 DATED 25.8.05. EXT.P5. COPY OF THE AWARD IN A.R.C 57/2006 DATED 16.11.2010 EXT.P6. COPY OF THE REPRESENTATION DATED 20.11.2010 BEFORE THE FIRST RESPONDENT. EXT.P7. COPY OF THE REPRESENTATION DATED 20.11.2010 BEFORE THE THIRD RESPONDENT. EXT.P8. COPY OF THE LETTER ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER DATED 8.12.2010 EXT.P9. COPY OF THE LETTER ISSUED BY THE JOINT REGISTRAR TO THE PETITIONER DATED 4.12.2010 EXT.P10. COPY OF THE LETTER ISSUED BY THE VIGILANCE DEPARTMENT DATED 19.9.2006 RESPONDENT'S EXHIBITS ---------------------------------------- EXHIBIT R1(A) - COPY OF THE MEMO OF CHARGES EXHIBIT R1(B) - COPY OF LETTER ADDRESSED BY THE DIRECTOR TO THE SECRETARY OF THE SOCIETY / TRUE COPY / P.A. TO JUDGE VK P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)Nos. 1948 & 12777 OF 2011 --------------------------------------------- Dated this the 26th day of May, 2011 JUDGMENT The main relief sought in these writ petitions is identical. They were therefore heard together and are being disposed of by this common judgment. The brief facts are as follows:- 2. The petitioner in these writ petitions was placed under suspension by Ext.P1 order dated 02.01.2006, while she was working as Secretary of the first respondent society. A memo of charges was served on her and thereafter an enquiry was conducted. Based on the report of the enquiry, the sub- committee of the society imposed on the petitioner the punishment of compulsory retirement from service by order dated 09.05.2006. Aggrieved thereby, the petitioner filed A.R.C.No.57 of 2006 in the Co-operative Arbitration Court. By Ext.P5 award passed on 16.11.2010, the Co-operative Arbitration Court held that the charges levelled against the petitioner have not been proved. In that view of the matter, the Co-operative Arbitration Court directed the first respondent society to re- instate the petitioner in service with all service benefits. W.P.(C)Nos. 1948 & 12777 OF 2011 2 Shortly, thereafter the petitioner filed W.P(C) No.1948 of 2011 in this Court seeking implementation of Ext.P5 award passed by the Co-operative Arbitration Court in A.R.C.No.57 of 2006. The said writ petition was admitted on 20.01.2011 and notice ordered to the respondents. 3. While the said writ petition was pending, the first respondent society filed an appeal before the Kerala Co- operative Tribunal challenging Ext.P5 award passed by the Co- operative Arbitration Court. In that appeal, the first respondent society filed I.A.No.69 of 2011 for an order staying the operation of Ext.P5 award passed by the Co-operative Arbitration Court. An ad-interim order directing the parties to maintain the status-quo till 27.04.2011 was passed on that application. On coming to know of the said ad-interim order, the petitioner filed I.A.No.83 of 2011 to vacate the ad-interim order so as to enable her to seek reinstatement in service with back wages as directed by the Co- operative Arbitration Court in Ext.P5 award. When the Kerala Co-operative Tribunal did not pass orders on I.A.No.83 of 2011, the petitioner filed W.P(C)No.9758 of 2011 in this Court for a direction to the Kerala Co-operative Tribunal to dispose of W.P.(C)Nos. 1948 & 12777 OF 2011 3 I.A.No.83 of 2011, a copy of which was produced and marked as Ext.P5 in that writ petition. By Ext.P8 judgment delivered on 28.03.2011, I disposed of the said writ petition after hearing the learned counsel for the petitioner and the learned standing counsel for the first respondent society, with a direction to the Kerala Co-operative Tribunal to advance the hearing of I.A.No.69 of 2011 with notice to the petitioner and the first respondent and to pass orders on I.A.No.83 of 2011 expeditiously and in any event within two weeks from 28.03.2011. Such an order happened to be passed having regard to the fact that the petitioner will attain the age of superannuation on 31.5.2011. 4. Pursuant to the said direction, the Kerala Co-operative Tribunal heard I.A.No.69 of 2011 filed by the first respondent society and I.A.No.83 of 2011 filed by the petitioner. By Ext.P9 order passed on 16.04.2011 the Kerala Co-operative Tribunal dismissed I.A.No.83 of 2011 and passed an order in I.A.No.69 of 2011 directing the status-quo to be maintained. The Tribunal also directed that execution of Ext.P5 award will be subject to the decision in the appeal. Ext.P9 order passed by the Tribunal is under challenge in W.P(C)No.12777 of 2011, wherein the W.P.(C)Nos. 1948 & 12777 OF 2011 4 petitioner seeks direction to the first respondent society to re- instate her in service considering the fact that the superannuation date falls on 31.05.2011. It is contended that as the order imposing the punishment of compulsory retirement from service has been set aside by Ext.P5 award passed by the Co-operative Arbitration Court, the petitioner is entitled to be re- instated in service. 5. The first respondent society has filed a counter affidavit in W.P(C)No.1948 of 2011, wherein interalia it is contended that the petitioner cannot seek to execute Ext.P5 award by filing a writ petition in this Court and that she will have to take steps in accordance with the provisions contained in Kerala Co-operative Societies Act to execute the award. It is also contended that the award has not attained finality for the reason that the period of limitation prescribed for filing an appeal from the award has not expired and that the society intends to file an appeal challenging Ext.P5 award. It was thereafter that, the first respondent society filed Ext.P6 appeal produced in W.P(C) No.12777 of 2011 and in that appeal Ext.P9 order, which is impugned in W.P(C) No.12777 of 2011, was passed directing the W.P.(C)Nos. 1948 & 12777 OF 2011 5 status-quo to be maintained. The learned counsel for the first respondent society submitted that simultaneous with the disciplinary action, the Vigilance and Anti-corruption Bureau was conducting an investigation against the petitioner and other employees of the society, that the Investigating Officer has filed a report recommending prosecution of the petitioner and other employees and therefore, for that reason also the petitioner cannot be re-instated in service. 6. I have considered submissions made at the Bar by the learned counsel appearing on both sides. I have also gone through the pleadings and the materials on record. The fact that the petitioner is out of service ever since 09.05.2006 is not in dispute. More than five years have passed thereafter. The punishment awarded to the petitioner was set aside only on 16.11.2010, while Ext.P5 award was passed. Though, in Ext.P5 award, it is stated that the enquiry held by the first respondent society was set aside by order passed on 11.6.2008, the petitioner has not produced a copy thereof. The learned counsel for the first respondent society submitted that as a matter of fact no such award has been passed and that till date, a copy of the W.P.(C)Nos. 1948 & 12777 OF 2011 6 award stated to have been passed on 11.6.2008 has not been furnished to the society though a copy was applied for. The Kerala Co-operative Tribunal has in Ext.P9 order, which is impugned in W.P(C) No.12777 of 2011 considered the rival contentions and held that before the appeal is heard and disposed of on merits, the petitioner cannot claim re-instatement and that the award can be executed only subject to the decision of the appeal. The Tribunal has also considered various other aspects. The view taken by the Tribunal is a possible view on facts and cannot be said to be perverse, warranting interference under Article 226 of Constitution of India. Further, the Co- operative Arbitration Court has held that the petitioner will be entitled to all service benefits including full back wages from the date of suspension. Therefore, if ultimately the award is upheld by the Tribunal or this Court, the petitioner will not suffer any pecuniary loss. That apart, the Vigilance and Anti-corruption Bureau has recommended prosecution of the petitioner. Such being the situation, I do not find any reason to grant the reliefs prayed for in these writ petitions and to direct the first respondent society to re-instate the petitioner in service. W.P.(C)Nos. 1948 & 12777 OF 2011 7 For the reasons stated above, I hold that the reliefs prayed for by the petitioner cannot be granted. The writ petitions fail and are accordingly dismissed. No costs. P.N.RAVINDRAN, JUDGE dmb