The Thrissur Taluk Co-operative College Educational Society Ltd. v. Arundathi P.A.; Manoj V.R.; Martin V.P.; Vijayakumaran

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN`** ## **`MONDAY, THE 11[TH] DAY OF JULY 2022 / 20TH ASHADHA, 1944`** ## **`WP(C) NO. 2680 OF 2022`** ## **`PETITIONER:`** ``` THE THRISSUR TALUK CO-OPERATIVE COLLEGE EDUCATIONAL SOCIETY LTD. NO.R72B THIRUVAMBADY P.O., KALLINGAL LANE, THRISSUR - 680 022, REPRESENTED BY ITS SECRETARY. BY ADVS. GEORGE POONTHOTTAM (SR.) NISHA GEORGE ANN MARIYA FRANCIS ``` ## **`RESPONDENTS:`** ``` 1ARUNDATHI P.A. VALAPPARAMBIL HOUSE, PUTHENPEEDIKA P.O., THRISSUR - 680 624. 2MANOJ V.R. VILAKKAPPADI HOUSE, AVINISSERI P.O., THRISSUR - 680 213. 3MARTIN V. P. VEERALY HOUSE, PONNOOKKARA P. O., THRISSUR - 680 306. 4VIJAYAKUMARAN PUTHENMADAM, MADAKKATHARA P. O., THRISSUR - 680 651. BY ADVS. K.C.SANTHOSHKUMAR K.K.CHANDRALEKHA ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ## **`WP(C) NO. 2680 OF 2022 2`** ## **`JUDGMENT`** The Thrissur Taluk Co-operative College Educational Society Ltd., which is a Society within the ambit of the Kerala Co-operative Societies Act and the Rules thereunder (KCS Act and Rules for short), impugns Ext.P9 order of the Co-operative Arbitration Court (Northern), Kozhikode, (hereinafter referred to as the ‘Arbitration Court’ for short), whereby, disciplinary action against the respondents has been quashed on the ground that it has been completed and concluded in violation of the declarations of law by this Court in _**Kodanchery Service Cooperative Bank v. Joshy Varghese [2020 (4) KLT 129].**_ 2. Sri.George Poonthottam, learned Senior Counsel, instructed by Smt.Ann Mariya Francis – learned counsel for the petitioner, submitted that the edifice of the holdings in Ext.P9 is factually wrong, because the Arbitration Court proceeded on the assumption that the Memo of Charges was issued by the Statutory Disciplinary Sub Committee; while, in fact, it was done by the then Part-Time Administrator, who was in charge of the Society. The learned Senior Counsel submitted that, therefore, ## **`WP(C) NO. 2680 OF 2022 3`** Ext.P9 on that ground alone is liable to be set aside. 3. Sri.K.C.Santhoshkumar – learned counsel appearing for the respondents, submitted that Ext.P9 has been issued taking note of the technical objections against the disciplinary action; but argued that his clients have various other contentions, which were not taken into account at all. He submitted that, therefore, if this Court is, in any manner, inclined to hold Ext.P9 to be invalid, then the matter may be remanded to the Arbitration Court for a fresh consideration of all aspects, including the question of jurisdiction and such other. 4. When I examine Ext.P9, it is evident that the Arbitration Court has proceeded to quash all the disciplinary action against the respondents merely on the ground that the Memo of Charges issued to them was by the Disciplinary Sub Committee. _Prima facie,_ this does not appear to be true because, going by the documents on record, it appears to have been issued by the then Part-Time Administrator, who was in charge of the Society. In fact, this is conceded to by Sri.K.C.Santhosh Kumar also. 5. I am, therefore, of the firm view that the entire matter ## **`WP(C) NO. 2680 OF 2022 4`** will require to be reconsidered by the Arbitration Court, taking note of the contentions of either side on its merits, rather than on technical grounds. Resultantly, I order this writ petition and set aside Ext.P9; with a consequential direction to the Arbitration Court to reconsider the various ARCs involved in this case, after affording both sides necessary opportunity of being heard and after considering all their rival contentions; thus culminating in appropriate orders and necessary action thereon as expeditiously as is possible, but not later than four months from the date of receipt of a copy of this judgment. ## **`Sd/-`** ``` DEVAN RAMACHANDRAN JUDGE ``` ``` MC/11.7 ``` ## **`WP(C) NO. 2680 OF 2022 5`** ## **`APPENDIX OF WP(C) 2680/2022`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`TRUE COPY OF THE SUSPENSION ORDER`| ||`NO.2/2012 DATED 15.05.2012 ISSUED BY THE`| ||`PETITIONER COLLEGE TO THE 1ST RESPONDENT.`| |`Exhibit P2`|`TRUE COPY OF THE CHARGE MEMO DATED`| ||`13.08.2012 ISSUED BY THE ADMINISTRATOR OF`| ||`THE PETITIONER COLLEGE TO THE 1ST`| ||`RESPONDENT.`| |`Exhibit P3`|`TRUE COPY OF THE CHARGE MEMO ISSUED BY THE`| ||`ADMINISTRATOR OF THE PETITIONER COLLEGE TO`| ||`THE 3RD RESPONDENT.`| |`Exhibit P3(a)`|`TRUE COPY OF THE CHARGE MEMO DATED`| ||`08.02.2013 ISSUED BY THE ADMINISTRATOR TO`| ||`THE 1ST RESPONDENT.`| |`Exhibit P3(b)`|`TRUE COPY OF THE CHARGE MEMO DATED`| ||`08.02.2013 ISSUED BY THE ADMINISTRATOR TO`| ||`THE 2ND RESPONDENT.`| |`Exhibit P3(c)`|`TRUE COPY OF THE CHARGE MEMO DATED`| ||`08.02.2013 ISSUED BY THE ADMINISTRATOR TO`| ||`THE 4TH RESPONDENT.`| |`Exhibit P4`|`TRUE COPY OF THE NOTICE DATED 1.11.2013`| ||`ISSUED BY THE CONVENOR OF THE DISCIPLINARY`| ||`SUB-COMMITTEE TO THE 1ST RESPONDENT.`| |`Exhibit P5`|`TRUE COPY OF THE DISMISSAL NOTICE DATED`| ||`16.11.2013 ISSUED BY THE CONVENOR OF THE`| ||`DISCIPLINERY SUB- COMMITTEE TO THE 1ST`| ||`RESPONDENT.`| |`Exhibit P5(a)`|`TRUE COPY OF THE DISMISSAL NOTICE DATED`| ||`16.11.2013 ISSUED BY THE CONVENOR OF THE`| ||`DISCIPLINARY SUB-COMMITTEE TO THE 4TH`| ||`RESPONDENT.`| |`Exhibit P5(b)`|`TRUE COPY OF THE DISMISSAL NOTICE DATED`| ||`16.11.2013 ISSUED BY THE CONVENOR OF THE`| ||`DISCIPLINARY SUB-COMMITTEE TO THE 2ND`| ||`RESPONDENT.`| |`Exhibit P5(c)`|`TRUE COPY OF THE DISMISSAL NOTICE DATED`| ||`16.11.2013 ISSUED BY THE CONVENOR OF THE`| ||`DISCIPLINARY SUB-COMMITTEE DATED16.11.2013`| ||`TO THE 3RD RESPONDENT.`| |`Exhibit P6`|`TRUE COPY OF THE ORDER DATED 7.3.2014`| ||`ISSUED BY THE PETITIONER COLLEGE REJECTING`| ||`THE APPEAL PREFERRED BY THE 1ST`| ||`RESPONDENT.`| |`Exhibit P6(a)`|`TRUE COPY OF THE ORDER DATED 7.3.2014`| ||`ISSUED BY THE PETITIOINER COLLEGE`| ## **`WP(C) NO. 2680 OF 2022 6`** ``` REJECTING THE APPEAL PREFERRED BY THE 4TH RESPONDENT. ``` - `Exhibit P6(b) TRUE COPY OF THE ORDER DATED 7.3.2014 ISSUED BY THE PETITIONER COLLEGE REJECTING THE APPEAL PREFERRED BY THE 2ND RESPONDENT.` - `Exhibit P6(c) TRUE COPY OF THE ORDER DATED 7.3.2014 ISSUED BY THE PETITIONER COLLEGE REJECTING THE APPEAL PREFERRED BY THE 3RD RESPONDENT.` - `Exhibit P7 TRUE COPY OF THE ARC (ARC 42/15) SUBMITTED BY THE 3RD RESPONDENT BEFORE THE HON'BLE ARBITRATION COURT KOZHIKODE.` - `Exhibit P8 TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER SOCIETY IN ARC NO. 42/2015 BEFORE THE HON'BLE ARBITRATION COURT KOZHIKODE.` - `Exhibit P9 TRUE COPY OF THE COMMON ORDER IN ARC NOS. 40/15, 41/15, 42/15,43/15 DATED 7.12.2021 ISSUED BY THE CO-OPERATIVE ARBITRATION COURT (NORTHERN),KOZHIKODE.` - `Exhibit P10 TRUE COPY OF THE CHALLAN DATED 14.6.2019 EVIDENCING THE RELEASE OF THE AMOUNT TO THE 1ST RESPONDENT.` - `RESPONDENT EXHIBITS` ``` Exhibit R1(a)TRUE COPY OF THE RELEVANT PAGES OF BYE LAW OF THE SOCIETY ``` - `Exhibit R1(b) TRUE COPY OF THE REPLY DATED 25/08/2012 TO THE CHARGE MEMO SUBMITTED BY THE RESPONDENT NO1 BEFORE THE ADMINISTRATOR` - `Exhibit R1(c) TRUE COPY OF THE REPLY DATED 21/02/2013 TO THE ADDITIONAL CHARGE MEMO SUBMITTED BY THE RESPONDENT NO.1 BEFORE THE ADMINISTRATOR` - `Exhibit R1(d) TRUE COPY OF THE INTIMATION DATED 14/03/2013 SERVED ON THE 2ND RESPONDENT` - `Exhibit R1(e) TRUE COPY OF THE REPLY DATED 20/11/2013 SUBMITTED BEFORE THE CONVENOR, DISCIPLINARY SUB COMMITTEE BY THE 1ST RESPONDENT` - `Exhibit R1(f) TRUE COPY OF THE APPEAL MEMORANDUM DATED 05/03/2014 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE MANAGING COMMITTEE` - `Exhibit R1(g) TRUE COPY OF THE ARBITRATION CASE BERING ARC NO. 40/2015 SUBMITTED BEFORE THE COOPERATIVE ARBITRATION COURT BY THE 1ST RESPONDENT` ## **`WP(C) NO. 2680 OF 2022 7`** ``` Exhibit R1(h) ``` ``` Exhibit R2(a) ``` - `TRUE COPY OF THE REPORT DATED 29/10/2013 SERVED ON RESPONDENT NO.1 TRUE COPY OF THE CHARGE MEMO DATED 13/08/2012 SERVED ON THE 2ND RESPONDENT` - `Exhibit R2(b) TRUE COPY OF THE REPLY DATED 25/08/2012 TO THE CHARGE MEMO SUBMITTED BY THE RESPONDENT NO. 2 BEFORE THE ADMINISTRATOR` - `Exhibit R2(c) TRUE COPY OF THE RELEVANT PAGES OF BYE LAW OF THE SOCIETY` - `Exhibit R2(d) TRUE COPY OF THE REPLY DATED 22/02/2013 TO THE ADDITIONAL CHARGE MEMO` - `Exhibit R2(e) TRUE COPY OF THE INTIMATION DATED 14/03/2013 SERVED ON THE 2ND RESPONDENT` - `Exhibit R2(f) TRUE COPY OF THE NOTICE DATED 01/11/2013 ISSUED BY THE CONVENOR DISCIPLINARY SUB COMMITTEE TO THE 2ND RESPONDENT` - `Exhibit R2(g) TRUE COPY OF THE REPLY DATED 21/11/2013 SUBMITTED BEFORE THE CONVENOR, DISCIPLINARY SUB COMMITTEE` - `Exhibit R2(h) TRUE COPY OF THE APPEAL MEMORANDUM DATED 05/03/2014 SUBMITTED BY THE 2ND RESPONDENT BEFORE THE MANAGING COMMITTEE` - `Exhibit R2(i) TRUE COPY OF THE ARBITRATION CASE BEARING ARC NO. 41/2015 SUBMITTED BEFORE THE COOPERATIVE ARBITRATION COURT` ``` Exhibit R3(a)TRUE COPY OF THE CHARGE MEMO SERVED ON THE 3RD RESPONDENT. Exhibit R3(b)TRUE COPY OF THE RELEVANT PAGES OF BYE LAW OF THE SOCIETY Exhibit R3(c)TRUE COPY OF THE REPLY DATED 23/08/2012 TO THE CHARGE MEMO SUBMITTED BY THE RESPONDENT NO.3 BEFORE THE ADMINISTRATOR Exhibit R3(d)TRUE COPY OF THE REPLY DATED 22/02/2013 TO THE ADDITIONAL CHARGE MEMO SUBMITTED BY THE RESPONDENT NO.3 BEFORE THE ADMINISTRATOR ``` ``` Exhibit R3(e)TRUE COPY OF THE INTIMATION DATED 14/03/2013 SERVED ON THE 2ND RESPONDENT Exhibit R3(f)TRUE COPY OF THE NOTICE DATED 01/11/2013 ISSUED BY THE CONVENOR, DISCIPLINARY SUB COMMITTEE TO THE 2ND RESPONDENT Exhibit R3(g)TRUE COPY OF THE REPLY DATED 21/11/2013 SUBMITTED BEFORE THE CONVENOR, DISCIPLINARY SUB COMMITTEE TO THE 2ND RESPONDENT Exhibit R3(h)TRUE COPY OF THE APPEAL MEMORANDUM DATED 05/03/2014 SUBMITTED BY THE 3RD RESPONDENT ``` ## **`WP(C) NO. 2680 OF 2022 8`** ``` BEFORE THE MANAGING COMMITTEE ``` ``` Exhibit R3(i)TRUE COPY OF THE ARBITRATION CASE BEARING ARC NO. 42/2015 SUBMITTED BEFORE THE CO- OPERATIVE ARBITRATION COURT ``` ``` Exhibit R4(a)TRUE COPY OF THE CHARGE MEMO SERVED ON THIS RESPONDENT. Exhibit R4(b)TRUE COPY OF THE RELEVANT PAGES OF BYE-LAW OF THE SOCIETY. Exhibit R4(c)TRUE COPY OF THE REPLY DATED 22.08.2012 TO ``` ``` TRUE COPY OF THE REPLY DATED 22.08.2012 TO THE CHARGE MEMO SUBMITTED BY THE RESPONDENT NO.4 BEFORE THE ADMINISTRATOR. TRUE COPY OF THE REPLY DATED 21.02.2013 TO THE ADDITIONAL CHARGE MEMO SUBMITTED BY THE RESPONDENT NO.4 BEFORE THE ADMINISTRATOR. ``` ``` Exhibit R4(d) ``` ``` Exhibit.R4(e) Exhibit R4(f) ``` ``` TRUE COPY OF THE INTIMATION DATED 14.03.2013 SERVED ON THE 2ND RESPONDENT. TRUE COPY OF THE NOTICE DATED 01.11.2013 ISSUED BY THE CONVENOR DISCIPLINARY SUBCOMMITTEE TO THE 4TH RESPONDENT, ``` ``` Exhibit R4(g) ``` ``` TRUE COPY OF THE REPLY DATED 21.11.2013 SUBMITTED BY THE CONVENOR DISCIPLINARY SUBCOMMITTEE TO THE 4TH RESPONDENT, ``` ``` Exhibit R4(h) ``` ``` TRUE COPY OF THE APPEAL MEMORANDUM DATED 05.03.2014 SUBMITTED BY THIS RESPONDENT BEFORE THE MANAGING COMMITTEE. ``` ``` Exhibit R4(i) ``` ``` TRUE COPY OF THE ARBITRATION CASE BEARING ARC NO. 43/2015 SUBMITTED BEFORE THE CO- OPERATIVE ARBITRATION COURT BY THIS RESPONDENT. ```