IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 WP(C).No. 14879 of 2006(U) ------------------------------------- PETITIONER: -------------------- K.T. KUNHUMOHAMMED, CHANUVIL HOUSE, PARAMBILPEEDIKA P.O., VIA., VELIMUKKU, MALAPPURAM DISTRICT. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ------------------------ 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM. 2. PERUVALLUR SERVICE CO-OP.BANK LTD., REPRESENTED BY ITS SECRETARY, PERUVALLUR, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI.P.K.RAVIKRISHNAN - R1 ADV. SRI.V.G.ARUN FOR R2 SRI. T.R.HARIKUMAR FOR R2 SRI.GEORGE POONTHOTTAM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2008, ALONG WITH WPC NO. 15217 OF 2006 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).Nos.14879/2006-U & 15217/2006-J = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 16th day of July, 2008. JUDGMENT 1.The petitioner in WP(C).14879/2006 was an employee of a co-operative society which is the second petitioner in WP(C).15217/2006. Society placed him under suspension on 21-8-1989 and issued memo of charges. An enquiry was conducted. On 22-11-1991, a Sub Committee consisting of three members considered the enquiry report. The employee was not given an opportunity to state his views or objections, if any, to the enquiry report. He was also not given an opportunity of personal hearing. The Sub Committee, however, decided to dismiss him. His appeal against that decision was considered by the Committee of the Society. Those committee members who were the members of the Sub Committee which took the decision to dismiss the employee, also WP(C)14879 & 15217/06 -: 2 :- participated in that appellate body. With this situation in hand, the resolution containing the decision to dismiss the employee was rescinded by the Joint Registrar in exercise of power under Rule 176 of the KCS Rules. In doing so, reinstatement with 30% back-wages was also ordered. That decision was approved by the Government in appeal. This decision is under challenge. 2.The issue is whether the situation calls for interference by this Court in exercise of authority under Article 226 of the Constitution of India. 3.Suspended in August 1989; dismissed on 25-11- 1991, the employee moved the Labour Court. That was negatived on the ground that he is not a workman as defined in Section 2(s) of the Industrial Disputes Act since he was the Secretary of the Society. This Court upheld that decision. It was thereafter that he invoked Rule 176 of the Rules. Though by that time Act 1/2000 had come into effect, the cause of action to WP(C)14879 & 15217/06 -: 3 :- challenge the order related back to 25-11-1991. Not only that, when the Society approached this Court challenging the Joint Registrar's decision, the parties were relegated to conclude proceedings under the KCS Act and Rules. 4.In Prakasini [2006 (1) KLT 199], affirmed in Ravinderan P.S. [2007 (3) ILR Kerala 241], the effect of Act 1/2000 has been appreciated and laid down. However, in every case of illegality or lack of jurisdiction, the writ court would not interfere in exercise of visitorial powers under Article 226 of the Constitution. A nice distinction has been carved out in Madhavikutty S. v. State of Kerala [2008(1) ILR Kerala 225] to the effect that the writ court need not come to the aid of a person merely on the ground of lack of jurisdiction unless that person had challenged the jurisdiction of an authority. It is also the salutary principle that when parties had been litigating before different fora and when the ultimate order of one authority is being subjected to judicial review under Article 226, the writ court would not interfere unless WP(C)14879 & 15217/06 -: 4 :- it is satisfied that exercise of jurisdiction is necessary to efface any injustice. The mere demonstration of illegality or lack of jurisdiction will not always invite the exercise of power under Article 226, unless injustice is established. 5.With the aforesaid in mind, the facts of this case would show that the Sub Committee issued the order of dismissal without hearing the delinquent. His appeal was heard by the Committee of the Society with those members of the Sub committee also participating. Therefore, the decision rescinding the dismissal is sustainable. Though there was some debate during the course of arguments as to whether the Joint Registrar could have ordered reinstatement with back-wages, it needs to be noticed that reinstatement has been ordered only by granting 30% of the back-wages. Leaving aside the question whether the Joint Registrar had no jurisdiction at all to order back-wages or reinstatement, it needs to be taken that when justice has been done, taking also into WP(C)14879 & 15217/06 -: 5 :- consideration the financial situation prevailing in the society and when the Government, in exercise of appellate power under Section 83 of the KCS Act, has chosen not to interfere, I am of the view that it is not necessary for this Court to step in, as I do not find any case of injustice having resulted to either the employer or the employee. 6.After hearing the learned counsel on both sides quite elaborately, my learned brother Mr.Justice Pius C. Kuriakose had passed a detailed order on 26-5-2006 directing, among other things, that the employee be reinstated on or before 29-6- 2006. Following that order, he was admitted and superannuated on 30-6-2006. For the aforesaid reasons, affirming the impugned decision, these writ petitions are ordered directing that the impugned order of reinstatement of the employee in service with 30% back-wages shall be given effect to by the employer society within two months with all consequential monetary benefits. The society WP(C)14879 & 15217/06 -: 6 :- will also take necessary steps to forward the necessary records to the Kerala State Co- operative Pension Board as regards the employee in question. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/