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: The writ petitions are allowed; the impugned order of the Co-operative Arbitration Court (Northern), Kozhikode in ARC No. 42 of 2017 dated 06.06.2023 is set aside; 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 Arbitration Court for decision on merits

Parties to the Case

Appellants / Petitioners

Delson Davis P
The Trichur District Co-Operative Hospital Limited No. R.306, Shornur Road, Thrissur
T. Porinchu
The Managing Committee, The Trichur District Co-operative Hospital Limited No. R.306, Shornur Road, Thrissur

Respondents

The Registrar of Co-Operative Societies, Thiruvananthapuram
Joint Registrar of Co-operative Societies (General), Thrissur
The Thrissur District Co-operative Hospital Limited No. R.306, Shornur Road, Thrissur, Thrissur District
The 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

The judgment concerns two writ petitions challenging a Co-operative Arbitration Court (Northern), Kozhikode order dated 06.06.2023 in ARC No. 42 of 2017. The ARC had held that the disciplinary action initiated by the disciplinary sub-committee of the Thrissur District Co-operative Hospital against Delson Davis P. was beyond jurisdiction, setting aside the punishment and allowing the arbitration to proceed. The petitioners contend that by referring to Kondanchery Service Co-operative Bank Ltd. v. Joshy Varghese (2020 (4) KLT 129) and subsequent Full Bench scrutiny, the Full Bench of this Court overruled the Division Bench’s view and clarified the live issue whether the sub-committee has power to initiate disciplinary proceedings. The respondents’ counsel urged that matters already final cannot be reopened merely by the Full Bench’s view and that the petitions were not timely or properly maintainable to reopen the dispute. The Court notes that the Full Bench has indeed overruled the Division Bench’s stance (and specifically overruled the Mattanur decision cited in the Full Bench reference), making the issue alive. Consequently, the writ petitions are allowed, the impugned ARC order is set aside, and the matter is remanded to the Arbitration Court to decide on merits and in accordance with law expeditiously.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that the disciplinary action taken by the disciplinary sub-committee was beyond jurisdiction and that the Full Bench decision has clarified that the matter remains alive for decision. They urge that the Full Bench’s intervention shows the issue was not finally settled and that remand for a merits-based decision is appropriate to ensure compliance with law and due process.

Contentions of Respondents

The respondent’s counsel argues that matters already final cannot be reopened merely due to a Full Bench judgment. They contend that the proceedings had become final and that the petitioners should have availed the proper appellate remedy; they emphasize that the Full Bench’s reference indicates the evolving nature of the legal position but does not require revisiting final arbitral findings without proper procedure.

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 that disciplinary action was beyond jurisdiction, as referenced in the present judgment.
Mattanur Co-operative Rural Bank Ltd. v. Co-operative Arbitration Court, Kozhikode	2023 KHC OnLine 541	Overruled	Full Bench overruled the Division Bench’s judgment in Mattanur, impacting the cited rationale.

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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`**