Tessy Joseph v. Alakkode Service Co-Operative Bank Ltd and Others (W.P.(C) Nos. 37634 of 2017, 34674 of 2015 and 1421 of 2020)

# **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 12[TH] DAY OF JANUARY 2023 / 22ND POUSHA, 1944 ``` ## **`WP(C) NO. 37634 OF 2017`** ## **`PETITIONER:`** ``` TESSY JOSEPH, KALAPPURACKAL HOUSE, PRIYADARSINI NAGAR,THODUPUZHA, IDUKKI - 685 584. ``` ``` BY ADVS. SRI.P.P.JACOB SRI.R.GOPALAKRISHNAN ``` ## **`RESPONDENTS:`** - `1 ALAKKODE SERVICE CO-OPERATIVE BANK LTD.NO.1588 ALAKKODE, KALAYANTHANI P.O.,THODUPUZHA, IDUKKI - 685 584,REPRESENTED BY ITS SECRETARY.` - `2 THE CO-OPERATIVE ARBITRATION COURT THIRUVANANTHAPURAM - 695 001.` - `3 THE KERALA CO-OPERATIVE TRIBUNAL THIRUVANANTHAPURAM - 695 001.` - `4 BOARD OF DIRECTORS OF THE ALAKKODE SERVICE CO-OPERATIVE BANK LTD.NO.1588 ALAKKODE, KALAYANTHANI P.O.,THODUPUZHA, IDUKKI - 685 584.` - `5 THE DISCIPLINARY SUB COMMITTEE, ALAKKODE SERVICE CO-OPERATIVE BANK LTD.NO.1588,ALAKKODE, KALAYANTHANI P.O.,THODUPUZHA, IDUKKI - 685 584,REPRESENTED BY ITS CONVENER MATHEW ABRAHAM ABRAHAM,VARIKKATTU - 685 584.` ``` BY ADV ``` ``` SRI.LIJI.J.VADAKEDOM ``` ``` SRI.JOSHY THANNICKKAMATTAM -GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, ALONG WITH WP(C).1421/2020, 34674/2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC 37634/17 & conn. 2 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN THURSDAY, THE 12[TH] DAY OF JANUARY 2023 / 22ND POUSHA, 1944 ``` ## **`WP(C) NO. 34674 OF 2015`** ## **`PETITIONER:`** ``` ALAKKODE SERVICE CO-OPERATIVE BANK LTD NO.1588 ALAKKODE, KALAYANTHANI P.O., THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS SECRETARY-IN CHARGE. ``` ``` BY ADVS. SRI.LIJI.J.VADAKEDOM SMT.REXY ELIZABETH THOMAS SRI.RAJEEV JYOTHISH GEORGE ``` ## **`RESPONDENTS:`** - `1 THE KERALA CO-OPERATIVE TRIBUNAL THIRUVANANTHAPURAM-695 001.` - `2 THE CO-OPERATIVE ARBITRATION COURT THIRUVANANTHAPURAM - 695 001.` - `3 TESSY JOSEPH, KALAPPURACKAL HOUSE, PRIYADARSHINI NAGAR, THOUDPUZHA, IDUKKI-685 584.` - `4 THE BOARD OF DIRECTORS, ALAKKODE SERVICE COOPERATIVE BANK LTD., NO.1588ALAKKODE, KALAYANTHANI P.O., THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS PRESIDENT 685 584` - `5 THE DISCIPLINARY SUB COMMITTEE, ALAKKODE SERVICE CO-OPERATIVE BANK LTD NO.1588 ALAKKODE, KALAYANTHANI P.O., THODUPUZHA, IDUKKI DISTRICT, REPRESENTED BY ITS CONVENOR, MATHEW ABRAHAM ABRAHAM, VARIKKATTU-685 584.` ``` BY ADV SRI.P.P.JACOB ``` WPC 37634/17 & conn. 3 ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, ALONG WITH WP(C).37634/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC 37634/17 & conn. 4 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** ``` THURSDAY, THE 12[TH] DAY OF JANUARY 2023 / 22ND POUSHA, 1944 ``` ## **`WP(C) NO. 1421 OF 2020`** ## **`PETITIONER:`** ``` TESSY JOSEPH, KALAPPURACKAL HOUSE, PRIYADARSINI NAGAR, THODUPUZHA, IDUKKI-685584. ``` ``` BY ADV P.P.JACOB ``` ## **`RESPONDENTS:`** ``` 1THE ALAKKODE SERVICE CO-OPERATIVE BANK LTD NO. 1588, ALAKKODE, KALAYANTHANI P.O., THODUPUZHA, IDUKKI-685584, REPRESENTED BY ITS SECRETARY. 2BOARD OF DIRECTORS OF THE ALAKKODE SERVICE CO-OPERATIVE BANK LTD. NO.1588, ALAKKODE, KALAYANTHANI P.O., THODUPUZHA, IDUKKI-685584, REP. BY ITS PRESIDENT. 3THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), IDUKKI, OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), IDUKKI, PAINAVU, IDUKKI ``` - `4 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM-695001` ``` BY ADVS. SRI.LIJI.J.VADAKEDOM SRI.JOSHY THANNICKAMATTAM ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, ALONG WITH WP(C).37634/2017 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WPC 37634/17 & conn. 5 ## **`JUDGMENT`** When these matters were called today, it was without contest by both sides that the declarations in Kodanchery Service Co-operative Bank v. Joshy Varghese (2020 (4) KLT 129) would have certain impact on the factual and legal scenario of these cases and that it has not been considered by the Arbitration Court, while Ext.P2 order was issued. 2. I am, therefore, of the firm view – as is also conceded by the parties – that the entire matter will require to be reconsidered by the Arbitration Court, adverting to Joshy Varghese (supra). 3. At this time, Sri.Liji J. Vadakedom – learned counsel appearing for the Society, submitted that liberty, including to lead additional/fresh evidence, may be left open to his client, to be pursued before the Arbitration Court. He relied upon the judgment of this Court in Nanmanda Rural Co-operative Housing Society, Kozhikode and Another v. Ravi K.M. and Anothter (2015 WPC 37634/17 & conn. 6 KHC 868). 4. I do not propose to speak on the merits of any of the legal liberties of the parties, since all such will be modulated by the Statutory Scheme and the applicable provisions of Law. Resultantly, I allow these Writ Petitions and set aside all the impugned orders herein; with a consequential direction to the Arbitration Court to reconsider the entire matter, after giving necessary opportunity of being heard to both sides, including to lead additional/fresh evidence, if so entitled in law; thus culminating in an appropriate order and necessary action thereon, as expeditiously as is possible, but not later than six months from the date of receipt of a copy of this judgment. Needless to say, while the afore exercise is completed, the contentions of the workmen based on Joshy Varghese (supra), as also any other precedent, to be cited by either side, will be adverted to and considered as per law. Since this Court has not entered into the merits of any of the rival contentions, it is clarified that the Arbitration Court will WPC 37634/17 & conn. 7 consider Joshy Varghese (supra) and decide as to the impact it has on the factual and legal circumstances, without being governed by any of my observations herein. ``` Sd/- ``` ``` DEVAN RAMACHANDRAN ``` ``` JUDGE ``` ``` RR ``` WPC 37634/17 & conn. 8 ## **`APPENDIX OF WP(C) 1421/2020`** - `PETITIONER EXHIBITS EXHIBIT P1 TRUE PHOTOCOPY OF THE RELEVANT PORTION, PAGES 1, 2 & 40 TO 43 OF THE AWARD IN A.R.C.38/2011 DATED 23.1.14.` - `EXHIBIT P2 TRUE PHOTOCOPY OF THE RELEVANT PORTION, PAGES 1 TO 4 & 40 TO 43 JUDGMENT IN A.P.42/14 DATED 31.3.2015 OF THE COOPERATIVE TRIBUNAL.` - `EXHIBIT P3 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE FOURTH RESPONDENT DATED 6.9.2019 TO THE THIRD RESPONDENT.` - `EXHIBIT P4 TRUE PHOTOCOPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT DATED 9.10.2019 TO THE FIRST RESPONDENT, 2ND RESPONDENT AND PETITIONER.` - `EXHIBIT P5 TRUE PHOTOCOPY OF THE OF THE ORDER ISSUED BY THE THIRD RESPONDENT DATED 29.11.2019.` - `EXHIBIT P6 TRUE PHOTOCOPY OF THE APPLICATION FOR EXECUTION FILED BY THE PETITIONER BEFORE THE THIRD RESPONDENT DATED 24.12.2019.` ``` RESPONDENTS’ EXTS: EXT.R1(A)THE COPY OF THE RELEVANT EXTRACT OF THE RESOLUTION NO.593 DATED 05.12.2019 OF THE BOARD MEETING OF THE 1ST RESPONDENT SOCIETY. EXT.R1(B)THE COPY OF THE RECEIPT SHOWING TRANSFER OF AMOUNT TO THE ACCOUNT OF THE PETITIONER. ``` WPC 37634/17 & conn. 9 ## **`APPENDIX OF WP(C) 34674/2015`** ## `PETITIONER EXHIBITS` ``` EXT.P1.TRUE COPY OF THE PLAINT IN ARC NO.38/2011 BEFORE THE CO-OPRATIVE ARBITRATION COURT, THIRUVANANTHAPRUAM. EXT.P2.TRUE COPY OF THE WRITTEN STATEMENT IN ARC NO.38/2011 BEFORE THE CO-OPRATIVE ARBITRATION COURT, THIRUVANANTHAPRUAM. ``` ``` EXT.P3.TRUE COPY OF THE REPLICATION FILED BY THE 2ND RESPONDENT IN ARC NO.38/2011 BEFORE THE CO-OPRATIVE ARBITRATION COURT, THIRUVANANTHAPRUAM. EXT.P3(A).TRUE COPY OF THE CIRCULAR NO.RR.4/20631/2004 DATED 18/12/2004 ISSUED BY THE IG OF REGISTRATIONS. EXT.P4.TRUE COPY OF THE JUDGMENT DATED 27/1/2015 IN ARC NO.38/2011 BEFORE THE CO-OPRATIVE ARBITRATION COURT, THIRUVANANTHAPRUAM, ALONG WITH THE TRANSLATION OF MALAYALAM WRITINGS IN PAGE NUMBERS 22,23,27,34,35,36 AND 39. EXT.P5.TRUE COPY OF THE APPEAL MEMORANDUM IN APPEAL NO.42/2014 BEFORE THE CO-OPRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXT.P6.TRUE COPY OF THE JUDGMENT DATED 31/3/2015 IN APPEAL NO.42/2014 BEFORE THE CO-OPRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXT.P7. THE COPY OF THE DOMESTIC ENQUIRY REPORT DATED 27.05.2010 SUBMITTED IN THE DISCIPLINARY PROCEEDINGS AGAINST THE 3RD RESPONDENT. EXHIBIT P8THE COPY OF THE REPLY DATED 12.6.2010 SUBMITTED BY TEH 3RD RESPONDENT TO EXHIBIT P7 DOMESTIC ENQUIRY REPORT. EXHIBIT P9THE COPY OF THE ORDER OF PUNISHMENT DATED 22.6.2010 SUBMITTED BY THE SUB COMMITTEE OF THE PETITIONER-BANK. EXHIBIT P10THE COPY OF THE DECISION TAKEN BY THE BOARD OF THE PETITIONER-BANK DATED 20.5.2011 IN THE APPEAL SUBMITTED BY THE 3RD RESPONDENT. ``` WPC 37634/17 & conn. 10 ``` EXHIBIT P11THE COPY OF THE GEHAN NO.1111/2008 EXECUTED IN BETWEEN ONE ILLIYAS AND THE PETITIONER-BANK. EXHIBIT P12THE COPY OF THE GEHAN G-357/07 IN FAVOUR OF THE PETITIONER BANK. ``` WPC 37634/17 & conn. 11 ## **`APPENDIX OF WP(C) 37634/2017`** ``` PETITIONER EXHIBITS EXHIBIT P1.TRUE PHOTOCOPY OF THE AWARD IN A.R.C 38/2011 DATED 23.01.14. EXHIBIT P2.TRUE PHOTOCOPY OF THE JUDGMENT IN A.P.42/14 DATED 31.03.2015 OF THE CO- OPERATIVE TRIBUNAL. Exhibit P3TRUE COPY OF THE CHARGE MEMO ISSUED BY THE 5TH RESPONDENT DATED 21/07/2009 RESPONDENTS’ EXTS: EXT.R1(A)THE TRUE COPY OF THE COMMITTEE DECISION NO.510 DATED 25.10.2018 OF THE 1ST RESPONDENT - BANK ```