High Court of KeralaSingle Judge2025-03-28Writ petitions allowed; impugned ARC order set ...

W.P.(C) Nos. 14882 of 2024 & 40321 of 2023

Case / Petition Number:W.P.(C) Nos. 14882 of 2024 & 40321 of 2023

Neutral Citation:2025:KER:27782

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: D. K. SINGH
Judgment Date: 2025-03-28
Court Decision / Holding: Writ petitions allowed; impugned order passed by the Co-operative Arbitration Court (Northern) Kozhikode in ARC No. 42 of 2017 dated 06.06.2023 is set aside and the matter is remanded back to the Arbitration Court to decide the case on merit in accordance with the law, expeditiously.
Final Disposition: Writ petitions allowed; impugned ARC order set aside; matter remanded to Co-operative Arbitration Court (Northern), Kozhikode for merit-based decision under applicable law.

Parties to the Case

Appellants / Petitioners

DELSON DAVIS P.
THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R.306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT, PIN – 680001.
T.K.PORINCHU
THE MANAGING COMMITTEE, THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R.306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT, PIN – 680001.

Respondents

THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHURAM
JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR
THE THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R-306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT
KERALA CO-OPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE

Legal Representation & Advocates

Counsels for Petitioners

• M. Sasindran
• S. Shyam Kumar
• Nisha George
• George Poonthottam (Sr.)
• Anshin K. K

Counsels for Respondents

• Nisha George
• George Poonthottam (Sr.)
• Bimal K. Nath
• M. Sasindran
• Parvathy Kottol

Case Synopsis & Summary

These consolidated writ petitions challenge an order of the Co-operative Arbitration Court (Northern), Kozhikode in ARC No. 42 of 2017 dated 06.06.2023, which held that the disciplinary action taken by the disciplinary sub-committee of the Thrissur District Co‑operative Hospital Society against Delson Davis P. was beyond the authority of the sub-committee, resulting in setting aside the punishment and allowing the arbitration case. The petitioners trace that at the time of that order, the Full Bench of this Court had already engaged with the question, having for reference Kondanchery Service Co-operative Bank Ltd. v. Joshy Varghese (2020) (4) KLT 129) and related decisions, including Mattanur Co-operative Rural Bank Ltd. v. Co-operative Arbitration Court, Kozhikode (2023 KHC OnLine 541), all of which were subject to re-evaluation by the Full Bench. The judgment emphasizes that the Full Bench overruled the Division Bench’s view in Kondanchery, clarifying that the jurisdictional reach of the sub-committee to initiate disciplinary proceedings could be revisited. It also notes that the matter was alive before the Full Bench and that the Full Bench overruled the Division Bench, making the earlier views non-binding. Consequently, the High Court allowed the writ petitions, set aside the ARC order, and remanded the matter to the Arbitration Court to decide on merit in accordance with the law, expeditiously.

Submissions & Arguments

Contentions of Appellants / Petitioners

The applicants contend that the disciplinary action challenged in the ARC order is subject to reconsideration in light of the Full Bench’s precedents, which have overruled prior Division Bench rulings. They argue the matter remained live before the Full Bench, and that the order of the Co‑operative Arbitration Court cannot bind the parties where the Full Bench had indicated a different legal stance, necessitating adjudication on merits by the Arbitration Court, consistent with the law.

Contentions of Respondents

The respondents submit that issues already crystallized and finalized cannot be reopened on the basis of a later Full Bench judgment. They rely on the principle of finality and argue that the writ petitions lack substance since the earlier Division Bench decisions are binding unless expressly overruled by the Full Bench, which, in their view, had not required re-opening of finalities in the present context.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Kondanchery Service Co-operative Bank Ltd. v. Joshy Varghese	2020 (4) KLT 129	Overruled	Full Bench overruled the Division Bench’s view in Kondanchery; the present matter references that position as no longer binding.
Mattanur Co-operative Rural Bank Ltd. v. Co-operative Arbitration Court, Kozhikode	2023 KHC OnLine 541	Overruled	Full Bench overruled the Division Bench decision in Mattanur, clarifying the evolving position on disciplinary jurisdiction.

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Extracted Judgment Text

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1 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** ## 2025:KER:27782 ``` IN THE HIGH COURT OF KERALA AT ERNAKULAM ``` ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE D. K. SINGH ``` ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` WP(C) NO. 14882 OF 2024 ``` ## **`PETITIONER:`** ``` DELSON DAVIS.P., AGED 46 YEARS, S/O. P.A.DEVASSI, PELLISSERY HOUSE, ST. FRANCIS CONVENT ROAD, EAST FORT.P.O., THRISSUR, PIN – 680005. ``` ``` BY ADVS. M.SASINDRAN S.SHYAM KUMAR ``` ## **`RESPONDENTS:`** - **`1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN – 695001.`** - **`2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR, PIN – 680003.`** - **`3 THE THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R-306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY-IN-CHARGE, PIN – 680001.`** ``` BY ADVS. Nisha George GEORGE POONTHOTTAM (SR.)(K/000570/1979) BIMAL K. NATH – SENIOR GP ``` 2 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** 2025:KER:27782 ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, ALONG WITH WP(C).40321/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** ## 2025:KER:27782 # **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE D. K. SINGH`** ``` FRIDAY, THE 28[TH] DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 ``` ``` WP(C) NO. 40321 OF 2023 ``` ## **`PETITIONERS:`** - **`1 THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R.306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT - 680001, REPRESENTED BY ITS SECRETARY-IN-CHARGE.`** - **`2 T.K.PORINCHU AGED 69 YEARS, PRESIDENT,`** ``` THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R.306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT, PIN – 680001. ``` - **`3 THE MANAGING COMMITTEE, THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R.306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT, PIN – 680001, REPRESENTED BY ITS PRESIDENT.`** ``` BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANSHIN K. K ``` ``` RESPONDENTS: ``` - **`1 DELSON DAVIS P PELLISSERY HOUSE, ST.FRANCIS CONVENT ROAD, EAST FORT.P.O, THRISSUR, PIN – 680005.`** 4 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** 2025:KER:27782 - **`2 THE KERALA CO-OPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE, PIN – 673001.`** ``` BY ADV. ``` ``` M. SASINDRAN ``` ``` PARVATHY KOTTOL – GP ``` ``` THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, ALONG WITH WP(C).14882/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** **==> picture [89 x 9] intentionally omitted <==** **----- Start of picture text -----**<br> 2025:KER:27782<br>**----- End of picture text -----**<br> ## **D. K. SINGH, J.** -------------------------- ## **W.P.(C) Nos. 14882 of 2024 & 40321 of 2023** ------------------------Dated this the 28[th] day of March, 2025 ## **JUDGMENT** 1. These writ petitions have been filed impugning the Order passed by the Co-operative Arbitration Court (Northern), Kozhikode in ARC No. 42 of 2017 dated 06.06.2023 whereby the Tribunal had held that in view of the law laid down by the Division Bench of this Court in _**Kondanchery Service Co-operative Bank Ltd. v. Joshy Varghese [2020 (4) KLT 129]**_ where it was held that the disciplinary action taken by the disciplinary sub-committee of the Society is beyond jurisdiction and, therefore, the punishment imposed on the Mr. Delson Davis P. (the petitioner in W.P.(C) No. 14882 of 2024 and the 1[st] respondent in W.P.(C) No. 40321 of 2023) was set aside and the arbitration case was allowed. 2. It is important to take note of the fact that when the said order was rendered by the Arbitration Court, reference was already pending against the Judgment of the Division Bench in the case of _**Kondenchery Service Co-operative Bank Ltd.**_ (Supra). The Full Bench 6 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** ## 2025:KER:27782 has overruled the decision of the Division Bench in its Judgment in the case of _**Mattanur Co-operative Rural Bank Ltd. v. Co-operative Arbitration Court, Kozhikode [2023 KHC OnLine 541]** ._ 3. The learned Counsel for the Co-operative Society submits that the matters which attained finality cannot be reopened on the ground of the Judgment of the Full Bench. I find no substance in the submission of the learned Counsel for the Co-operative Society. The matter was already referred for decision by the Full Bench against the view taken by the Division Bench in _**Kondenchery Service Cooperative Bank Ltd.**_ (Supra). Therefore, the question whether the sub-committee has power to initiate disciplinary proceedings against an employee was very much alive before the Full Bench of this Court and the Full Bench has overruled the decision of the Division Bench. 4. Even otherwise, impugning the order of the Arbitration Court dated 06.06.2023 the petitioner has approached this Court in the writ petition; W.P.(C) No. 14882 of 2024 within a short period of time. Therefore, it cannot be said that the matter has attained finality and, therefore, it cannot be reopened. The petitioner has remedy of filing the appeal and coming to this Court and, therefore, I find no 7 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** 2025:KER:27782 substance in the submission advanced by the learned Counsel for the Co-operative Society. Thus, the present writ petitions are hereby allowed and the impugned order passed by the Arbitration Court is set aside and the matter is remanded back to the Arbitration Court to decide the case on merit in accordance with the law expeditiously. Sd/- **D. K. SINGH JUDGE** Svn 8 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** 2025:KER:27782 ## **`APPENDIX OF WP(C) 40321/2023`** ## **`PETITIONER EXHIBITS`** - **`EXHIBIT-P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19.09.2014 ISSUED BY THE PRESIDENT OF THE 1ST PETITIONER HOSPITAL`** - **`EXHIBIT-P2 TRUE COPY OF THE REPLY DATED 29.09.2014 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 2ND PETITIONER.`** - **`EXHIBIT-P3 TRUE COPY OF THE SUSPENSION ORDER NO.TDCH(237)2014-15 DATED 29.09.2014 ISSUED BY THE PRESIDENT OF THE HOSPITAL`** - **`EXHIBIT-P4 TRUE COPY OF THE CHARGE MEMO DATED 05.11.2014 ISSUED BY THE CHAIRMAN OF THE DISCIPLINARY SUBCOMMITTEE`** - **`EXHIBIT -P5 TRUE COPY OF THE ADDITIONAL CHARGE MEMO DATED 10.01.2015 ISSUED BY THE CHAIRMAN OF THE DISCIPLINARY SUB-COMMITTEE`** - **`EXHIBIT-P6 TRUE COPY OF THE ADDITIONAL CHARGE MEMO DATED 04.05.2015 ISSUED BY THE CHAIRMAN OF THE DISCIPLINARY SUB-COMMITTEE`** - **`EXHIBIT-P7 THE ENQUIRY OFFICER SUBMITTED A DETAILED REPORT BEFORE THE DISCIPLINARY SUB-COMMITTEE. TRUE COPY OF THE ENQUIRY REPORT DATED 01.01.2016`** - **`EXHIBIT-P8 TRUE COPY OF THE ORDER NO.TDCH(380) 2015-16 DATED 16.02.2016 ISSUED BY THE CHAIRMAN OF THE DISCIPLINARY COMMITTEE`** - **`EXHIBIT-P9 TRUE COPY OF THE DECISION NO.1 DATED 11.06.2016 PASSED BY THE MANAGING COMMITTEE OF THE HOSPITAL DISMISSING THE APPEAL ALONG WITH COMMUNICATION DATED 13.06.2016 OF THE SECRETARY IN CHARGE.`** 9 ## W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** 2025:KER:27782 ``` EXHIBIT -P10 TRUE COPY OF THE ORDER DATED 06.05.2023 OF COOPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE IN ARC NO. 42 OF 2017 ``` 10 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 **==> picture [58 x 58] intentionally omitted <==** 2025:KER:27782 ## **`APPENDIX OF WP(C) 14882/2024`** ## **`PETITIONER EXHIBITS`** ``` EXHIBIT P1 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 29.9.2014 ISSUED BY THE 3RD RESPONDENT ``` - **`EXHIBIT P2 A TRUE COPY OF THE ORDER OF DISMISSAL DATED 16.02.2016 ISSUED BY THE 3RD RESPONDENT`** - **`EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 06.06.2023 IN ARC 42/2017 OF THE CO-OPERATIVE ARBITRATION COURT (NORTHERN) KOZHIKODE`** - **`EXHIBIT P4 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 03.04.2024`**