IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 5TH AUGUST 2008 / 14TH SRAVANA 1930 WA.No.1626 of 2008() --------------------- AGAINST THE JUDGMENT IN WPC.35566/2007 Dated 30/05/2008 .................... APPELLANT/PETITIONER: ------------------------------- N.M. BHASKARAN, JOINT SECRETARY, MEPPAYUR SERVICE CO-OPERATIVE BANK LTD., NO. D 2019, MEPPAYUR P.O., KOZHIKODE, PIN 673 524. BY ADV. SRI.P.N.MOHANAN RESPONDENTS/RESPONDENTS: ------------------------------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),KOZHIKODE. 2. MEPPAYUR SERVICE CO-OPERATIVE BANK LTD., NO. D 2019, MEPPAYUR P.O., KOZHIKODE REPRESENTED BY ITS PRESIDENT. 3. ABDUL RAHIMAN T.R., S/O KOYAKKUTTY, GAZAL, MEPPAYUR POST, KOZHIKODE. BY SRI.N.REGHURAJ SPL. GOVT. PLEADER SMT. ANEETHA A.G. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 05/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J. B. KOSHY & K. P. BALACHANDRAN, JJ. ------------------------------------------------ W. A. No.1626 of 2008 ------------------------------------------------ Dated this the 5th day of August, 2008 JUDGMENT J. B. Koshy, J Appellant/petitioner while employed in the service of the second respondent/Co- operative Bank, disciplinary proceedings were taken against him for serious misconduct. It is the contention of the petitioner that in spite of the findings of Enquiry Officer exonerating him by Ext.P6, he was dismissed from service. Against the dismissal order, he approached the Labour Court. In the meantime, there was a settlement by which he was reinstated in service. The settlement was accepted by the Labour Court which resulted in award. Ext.R3(a) is the award of the Labour Court, Kozhikode accepting settlement. Terms of the settlement are as follows:- W. A. No.1626 of 2008 -2- “1) The punishment awarded to N.M.Bhaskaran is altered to one of reversion to the post of Junior Clerk. 2) Mr.Bhaskaran shall be reinstated in service as Junior Clerk of the management Bank with effect from the date of receipt of notice forwarding the Award for publication in the Gazette. 3) The period between the date of dismissal i.e. 18/07/1997 and the date of reinstatement shall be treated as leave on loss of pay. It is made clear that Mr.N.M.Bhaskaran shall not be entitled to backwages, leave benefits, bonus and such other benefits for the period 18/07/1997 till the date of reinstatement. 4) On reinstatement as Junior Clerk Mr.N.M.Bhaskaran shall be entitled to the present scale of pay applicable to Junior Clerk. However, in case the present scale of pay of the Junior Clerk happens to be lower than the salary drawn by him immediately before his dismissal, Mr.Bhaskaran shall be eligible for the pay and allowances last drawn by him. 5) Mr.Bhaskaran undertakes to remit to the Bank the amount found due from him under S.65 enquiry at or before reinstatement.” 2. The settlement was fully implemented. Meanwhile, criminal proceedings taken against him ended in acquittal. The contention of the appellant/petitioner is that since he was acquitted in the criminal case he should be W. A. No.1626 of 2008 -3- given all the promotions given to his juniors. The employer/Bank decided to create a post of Joint Secretary and Bank wanted to place him in that post so that he will get a higher salary than his juniors who were promoted while the criminal proceedings were pending. The Joint Registrar did not accept the above proposal. It is well known that without the approval of the Joint Registrar no posts can be created. There is no approved post of Joint Secretary and therefore, creation of the new post was not approved. The contention of the petitioner is that in view of the acquittal, he is entitled to get all the reliefs and at least the post of Joint Secretary as decided by the employer/Bank. He was employed in a Co- operative Bank which is registered under the Co-operative Societies Act and it has to be functioned as per the Co-operative Societies Act and Rules made thereunder. It is well W. A. No.1626 of 2008 -4- known that an employer is free to take disciplinary action even if the criminal proceedings are pending. Employer is also free to keep the matter in abeyance till criminal proceedings are over. In this case, the employer decided to take disciplinary action which ended in dismissal of the service of the appellant. Thereafter, Labour Court settlement was arrived at and settlement was fully implemented. The subsequent acquittal of the appellant/petitioner in a criminal case charge sheeted on the complaint of the employer/Bank has no effect at all in the disciplinary proceedings which is evident from the settlement and award of the Labour Court. In the circumstances of the case, he cannot claim restoration of all benefits in service as if he was not dismissed from service. Moreover, all the benefits of the settlement were enjoyed by the appellant/petitioner and he is W. A. No.1626 of 2008 -5- not entitled to any further relief. We quite agree with the decision of learned Single Judge. Therefore, we are not reiterating the reasons found by the learned Single Judge. 3. Appeal fails and is dismissed accordingly. J. B. KOSHY JUDGE K.P.BALACHANDRAN, JUDGE kns/-