High Court of KeralaSingle JudgeWrit Petitions allowed; impugned Labour Court a...

W.P.(C) Nos. 16372/2023, 17807/2023, 18324/2023, 17085/2023 and 20070/2023

Case / Petition Number:WPC 16372/23, 17807/23, 18324/23, 17085/23 & 20070/23

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Basant Balaji
Judgment Date
2023-11-09
Court Decision / Holding
Writ Petitions allowed; impugned Labour Court awards set aside; remitted to Labour Court for fresh consideration in light of Mattannoor’s dictum, and to dispose of the cases on merits
Final Disposition
Writ Petitions allowed; impugned Labour Court awards set aside; remitted to Labour Court for fresh consideration on merits in light of Mattannoor (supra) doctrine.

Parties to the Case

Appellants / Petitioners

  • Jithesh.K.T.
  • Sajeevan.P.P.
  • MadayI Cooperative Rural Bank Ltd.
  • Pannianore Panchaayath Consumer Co-operative Stores Ltd.

Respondents

  • Panniannore Panchaayath Consumer Co-operative Stores (No. C 996, Champad)
  • The Board of Directors of the Panniannore Panchaayath Consumer Co-operative Stores
  • The Labour Court, Kannur

Legal Representation & Advocates

Counsels for Petitioners

  • • P.P. Jacob
  • • BINDUMOL JOSEPH
  • • A.RAJASIMHAN
  • • BEENA JOSEPH
  • • RIYAS M.B.

Counsels for Respondents

  • • BINDUMOL JOSEPH
  • • A.RAJASIMHAN
  • • BEENA JOSEPH
  • • RIYAS M.B.

Case Synopsis & Summary

Five writ petitions under Article 226 challenge a Labour Court preliminary ruling on the competence of a Disciplinary Sub-Committee to issue charge memos against employees of cooperative societies. The court, presided by Justice Basant Balaji, heard all five petitions together on 9 November 2023 and delivered a common judgment. The core issue is whether a charge memo issued by a Disciplinary Sub-Committee is valid or whether only the Managing Committee or the President has jurisdiction under Rule 198 of the Kerala Co-operative Societies Rules. The Labour Court had held the memo to be incompetent in light of Kodanchery Service Co-operative Bank Ltd. v. Joshy Varghese (2020) and had set aside the memo. The petitioners contended that a Full Bench of this court in Mattannur Cooperative Bank Ltd. v. The Co-operative Arbitration Court and another ILR 2023 (3) Kerala 863 overturns the Kodanchery view and recognises that the Disciplinary Sub-Committee, as well as the Managing Committee, has jurisdiction to issue memos under Rule 198(2A), (2B) and (3). The Full Bench additionally clarified that the proposal in Kochurani Jose’s case to restrict sub-committee action is overruled, and it noted that the doctrine of prospective overruling lies with the Apex Court, not this court, while applying the decision to new and pending cases with caution about res judicata. On this basis, the court allowed the petitions, set aside the awards, and remitted the matters to the Labour Court for fresh consideration in light of Mattannoor’s dictum.

Provisions of Law Cited

Rule 198 of the Kerala Co-operative Societies Rules (KCS Rules) including sub rules (2A), (2B) and (3)

Legal Doctrines & Maxims

  • Prospective overruling doctrine
  • Res judicata / Constructive res judicata
  • Estoppel, laches, time bar (principles)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contended that a Full Bench in Mattannur Cooperative Bank Ltd. v. The Co-operative Arbitration Court (ILR 2023 (3) Kerala 863) has laid down that the Managing Committee and the Disciplinary Sub-Committee have jurisdiction to issue memos of charges under Rule 198(2A)/(2B)/(3), thereby overruling Kodanchery Service Cooperative Bank Ltd. v. Joshy Varghese (2020) and that the disciplinary process is valid when conducted by competent authorities. They argued that the matter should be remitted for fresh merits in light of Mattannoor’s dictum and that past contrary judgments should not bar the fresh proceedings. In addition, they emphasized that the Apex Court’s doctrine of prospective overruling is a binding principle only in the proper context and must be applied with caution to new and pending cases with regard to res judicata.

Contentions of Respondents

The respondents largely relied on the pre-existing view in Kodanchery, contending that the charge memo issued by the disciplinary sub-committee was not competent and that the managing committee’s status as appointing authority required compliance with Rule 198 variants. They urged upholding the Labour Court’s ruling and questioned the applicability of Mattannur’s later pronouncements, arguing that the court should await authoritative guidance before overhauling settled positions.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Kodanchery Service Co-operative Bank Ltd. v. Joshy Varghese2020 (4) KLT 129Partly Overruled / LimitedFull Bench overruled the specific proposition within Kodanchery that the Appointing Authority is the sole exclusive authority to issue memos of charges, while other aspects may remain subsisting.
Mattannur Cooperative Bank Ltd. v. The Co-operative Arbitration Court and anotherILR 2023 (3) Kerala 863PositiveFull Bench holds that both the Managing Committee and the Disciplinary Sub-Committee have jurisdiction to issue charge memos under Rule 198(2A)/(2B)/(3). This provisionally governs the present matter.
Kochurani Jose’s case—OverruledThe Full Bench overruled the broader proposition in Kochurani Jose’s case that the disciplinary sub-committee should be constituted only on a case-to-case basis and after unsatisfactory explanation, etc.
Golak Nath's case—Mentioned OnlyDoctrine of prospective overruling is noted as a power only vested in the Apex Court; High Courts are not vested with it, though cited to frame the context of the decision.

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Extracted Judgment Text

Exact text extracted from official judgment records.

1 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` THURSDAY, THE 9[TH] DAY OF NOVEMBER 2023 / 18TH KARTHIKA, 1945 ``` ## **`WP(C) NO. 16372 OF 2023`** ## **`PETITIONER/S:`** ``` JITHESH.K.T. AGED 43 YEARS S/O BALAN SALESMAN, PANNIANNORE PANCHAYATH CONSUMER CO- OPERATIVE STORES, NO.C 996, P.O.CHAMPAD, THALASSERY, RESIDING AT METHOTTATHIL HOUSE, CHEMPAD.P.O., THALASSERY., PIN - 670101 BY ADV P.P.JACOB ``` ## **`RESPONDENT/S:`** ``` 1 THE PANNIANNORE PANCHAYATH CONSUMER CO-OPERATIVE STORES,NO.C 996, P.O.CHAMPAD, THALASSERY, REPRESENTED BY ITS SECRETARY, PIN - 670101 2 THE BOARD OF DIRECTORS OF THE PANNIANNORE PANCHAYATH CONSUMER CO-OPERATIVE STORES NO.C 996, P.O.CHAMPAD, THALASSERY, REPRESENTED BY ITS PRESIDENT, PIN - 670101 3 THE LABOUR COURT, KANNUR, OFFICE OF THE LABOUR COURT, KANNUR, EDAPALLY PANVEL HIGHWAY (NH 17), NEAR SUB JAIL, SOUTH BAZAR, TALAP, KANNUR, PIN - 670002 BY ADVS. BINDUMOL JOSEPH A.RAJASIMHAN(K/001180/2002) BEENA JOSEPH(K/77/2008) RIYAS M.B.(K/000629/2023) ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 09.11.2023, ALONG WITH WP(C).17085/2023, AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 2 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` THURSDAY, THE 9[TH] DAY OF NOVEMBER 2023 / 18TH KARTHIKA, 1945 ``` ``` WP(C) NO. 17085 OF 2023 ``` ## **`PETITIONER/S:`** ``` SAJEEVAN.P.P,AGED 49 YEARS SALESMAN, PANNIANNORE PANCHAYATH CONSUMER CO-OPERATIVE STORES, NO.C 996, P.0.CHAMPAD, THALESSERY, RESIDING AT SRUTHI NIVAS, CHEMPAD.P.O., THLASSERY., PIN - 670694 BY ADV P.P.JACOB ``` ## **`RESPONDENT/S:`** ``` 1 THE PANNIANNORE PANCHAYATH CONSUMER CO-OPERATIVE STORES, NO.C 996, P.O.CHAMPAD, PIN – 670694, THALASSERY, REPRESENTED BY ITS SECRETARY., 2 THE BOARD OF DIRECTORS OF THE PANNIANNORE PANCHAYATH, CONSUMER CO-OPERATIVE STORES, NO.C 996, P.O.CHAMPAD, THALASSERY, PIN – 670694, REPRESENTED BY ITS PRESIDENT, 3 THE LABOUR COURT, KANNUR, OFFICE OF THE LABOUR COURT, KANNUR, EDAPALLY PANVEL HIGHWAY (NH 17), NEAR SUB JAIL SOUTH BAZAR, TALAP, KANNUR., PIN - 670002 BY ADVS. BINDUMOL JOSEPH BEENA JOSEPH A.RAJASIMHAN RIYAS M.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 09.11.2023, ALONG WITH WP(C).16372/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 3 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` THURSDAY, THE 9[TH] DAY OF NOVEMBER 2023 / 18TH KARTHIKA, 1945 ``` ``` WP(C) NO. 17807 OF 2023 ``` ## **`PETITIONER/S:`** ``` PANNIANORE PANCHAYATH CONSUMER CO-OPERATIVE STORES LTD NO: C:996, REPRESENTED BY ITS SECRETARY, CHAMPAD.P.O.,KANNUR, ``` ``` BY ADVS. BINDUMOL JOSEPH A.RAJASIMHAN BEENA JOSEPH RIYAS M.B. ``` ## **`RESPONDENT/S:`** ``` 1 JITHESH.K.T., S/O BALAN, INDRIYAM, CHEMPAD.P.O., KANNUR DISTRICT 670694 2 LABOUR COURT, KANNUR, PIN - 670002 ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 09.11.2023, ALONG WITH WP(C).16372/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 4 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE BASANT BALAJI THURSDAY, THE 9[TH] DAY OF NOVEMBER 2023 / 18TH KARTHIKA, 1945 WP(C) NO. 18324 OF 2023 ``` ## **`PETITIONER/S:`** ``` MADAYI COOPERATIVE RURAL BANK LTD. PAYANGADI, KANNUR- , PIN – 670303, REPRESENTED BY ITS SECRETARY ``` ``` BY ADVS. BINDUMOL JOSEPH A.RAJASIMHAN BEENA JOSEPH RIYAS M.B. ``` ## **`RESPONDENT/S:`** ``` 1 K.V.SANTHOSH KANNARATH VALAPPIL HOUSE, P.O.KEEZHARA, CHERUKUNNU, KANNUR DISTRICT-, PIN - 670694 2 LABOUR COURT KANNUR-, PIN - 670002 ``` ## **`OTHER PRESENT:`** ``` SR GP SMT REKHA C. NAIR ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 09.11.2023, ALONG WITH WP(C).16372/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 5 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR.JUSTICE BASANT BALAJI`** ``` THURSDAY, THE 9[TH] DAY OF NOVEMBER 2023 / 18TH KARTHIKA, 1945 WP(C) NO. 20070 OF 2023 ``` ## **`PETITIONER/S:`** ``` PANNIANORE PANCHAYATH CONSUMER CO-OPERATIVE STORES LTD NO.C.996.,REPRESENTED BY ITS SECRETARY, CHAMPAD.P.O.,KANNUR- PIN – 670694, REPRESENTED BY MEERA, D/O SANKARANKUTTY ADIYODI., ``` ``` BY ADVS. BINDUMOL JOSEPH A.RAJASIMHAN BEENA JOSEPH RIYAS M.B. ``` ## **`RESPONDENT/S:`** ``` 1 P.P. SAJEEVAN, S/O. SREEDHARAN, SRUTHI HOUSE, CHAMPAD.P.O., KANNUR - 670694 2 LABOUR COURT, KANNUR-670002., PIN - 670002 ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR HEARING ON 09.11.2023, ALONG WITH WP(C).16372/2023 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` 6 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`JUDGMENT`** ``` [WP(C) Nos.16372/2023,17807/2023, 18324/2023,17085/2023 and 20070/2023] ``` (Dated this the 9[th] day of November 2023) The question that arises for consideration in all these writ petitions is one and the same. Therefore, they are heard together and the Writ Petitions are disposed of by a common judgment. 2. The common question for consideration is whether a charge memo issued by a Disciplinary Sub Committee is with jurisdiction and competence. The Labour Court, as per the impugned award, had raised the above-mentioned question as a preliminary point and decided, holding that the charge memo issued to the petitioner by the disciplinary sub-committee is not the competent authority in view of the decision of this court reported in **Kodanchery Service Co-operative Bank Ltd. v. Joshy Varghese [2020 (4) KLT 129]** . The charge memo was set aside, and the management society was given the liberty to 7 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 initiate fresh disciplinary proceedings by framing and serving new charge memos by the competent authority. 3. The counsel for the petitioner brought to the notice of this court that a full bench of this court in **Mattanur Cooperative Bank Ltd., v. The Co-operative Arbitration Court** **and another [ILR 2023 (3) Kerala 863]** and contends that the said issue has attained finality and the full bench has held that the managing committee and disciplinary sub-committee has the jurisdiction competence to issue memo of charges. ## 4. The full bench held as follows: “86. The upshot of the above discussion may be summed up as follows: (i) The view rendered by the Division Bench of this Court in Kodanchery’s case) (supra), more particularly paragraph No.5 thereof, to the effect that the Appointing Authority (Managing Committee) is the sole exclusive authority to issue memo of charges to the delinquent employees covered by Rule 198 of the KCS Rules, does not reflect the correct legal position and to that extent, the said position will stand over-ruled. 8 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 (ii) Disciplinary sub-committee, as per sub rules (2A) & (2B) is the same as the sub-committee referred to in sub rule (3) of Rule 198. Disciplinary sub-committee, envisaged in terms of sub rule (2A) of Rule 198 of the KCS Rules, which is designated as the penalty authority, in terms of the tabular column appended under Rule 198(3), will also have the jurisdictional competence to issue memo of charges to delinquent employees, in the process of carrying out its duties and responsibilities of inquiring into the charges, as envisaged in sub rule (2B) of Rule 198. (iii) The Managing Committee (appointing authority) of a Co-operative Society also will have the jurisdictional competence to issue memo of charges, in cases covered under Rule 198. The Disciplinary sub-committee will also have the jurisdiction to issue memo of charges, even in cases of employees covered by the second category mentioned in Rule 198 (3) for whom, the penalty authority is the President. (iv) Final opinion on the issue, as to whether the President of a Co-operative Society has the jurisdictional competence to issue memo of charges to employees, who come within the first category of employees, appended under Rule 198(3), for whom the penalty authority is the disciplinary subcommittee, is left open to be raised and decided in appropriate cases. (v) For the aforesaid reasons, it is also held that the legal position, settled by the Division Bench in paragraph No.12 in Kochurani Jose’s case(supra), as if the disciplinary subcommittee is to be constituted only on a case-to-case basis and that the disciplinary sub-committee is to be constituted in terms of Rule 198(2A) only after the Managing Committee finds that the explanation of the memo of charges given by the delinquent is unsatisfactory, etc., also does not reflect the correct legal position and the said position, to that extent, will stand over-ruled. As the other issues in the afore cited Kochurani Jose’s case (supra) are not relevant to the point of reference, we need not get into those issues. 9 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 (vi) As already mentioned hereinabove, the Apex Court alone is empowered to invoke the doctrine of prospective overruling [see Golak Nath’s case(supra)], and the said power of prospective overruling is not vested with the High Courts. Hence, it is clarified that the legal position settled in the instant cases, shall affect both new cases arising on or after the date of this decision as well as cases pending as on this day. However, past cases, which have already been settled and finalized by adjudication, in view of the issues of res judicata and constructive res judicata cannot be reopened on the basis of this. So also, past cases barred by delay, laches, time bar, estoppel, acquiescence, etc., also cannot be re-opened, by virtue of the new declaration of law in this decision. (vii) The Registrar of Co-operative Societies and other Notified Registrars of other categories of Co-operative Society will issue circulars instructing the co-operative societies to ensure that immediately after the elected managing committee takes charge, the said managing committee will constitute disciplinary sub-committee which could ordinarily be having term, co-terminus with the managing committee, for the effective and efficient handling of disciplinary process as per Rule 198. However, the managing committee will be at liberty to re-constitute such disciplinary sub-committee even before expiry of the term, if it is so found necessary and proper.” 5. Therefore, in view of the judgment of the full bench of this court in **Mattannur (supra),** the award passed by the Labour Court has to be set aside and remitted for fresh consideration. 10 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 In the result, the Writ Petitions are allowed, and impugned awards are set aside. The matters are remitted to the Labour court for fresh consideration, in the light of the dictum laid down by this court in **Mattannoor (supra),** and dispose of the cases on merits, in accordance with law. ``` Sd/- ``` ``` BASANT BALAJI ``` ``` JUDGE ``` ``` dl/ ``` 11 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`APPENDIX OF WP(C) 17085/2023`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`TRUE PHOTOCOPY OF THE SUSPENSION ORDER DATED`| ||`4.1.2018 ISSUED BY THE SECOND RESPONDENT TO`| ||`THE PETITIONER`| |`Exhibit P2`|`TRUE PHOTOCOPY OF THE CHARGE MEMO ISSUED BY`| ||`THE DISCIPLINARY COMMITTEE TO THE PETITIONER`| ||`DATED NIL`| |`Exhibit P3`|`TRUE PHOTOCOPY OF THE EXPLANATION DATED`| ||`1.2.2018 SUBMITTED BY THE PETITIONER`| |`Exhibit P4`|`TRUE PHOTOCOPY OF THE ORDER DATED 17.7.2019`| ||`ISSUED BY THE RESPONDENTS 1 & 2`| |`Exhibit P5`|`TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C)`| ||`20939/2019 DATED 16.11.2019`| |`Exhibit P6`|`TRUE PHOTOCOPY OF THE LETTER DATED 1.8.2019`| ||`ISSUED BY THE PUBLIC INFORMATION OFFICER`| |`Exhibit P7`|`TRUE PHOTOCOPY OF THE AWARD IN I.D 26/20`| ||`DATED 13.1.23`| |`Exhibit P8`|`TRUE PHOTOCOPY OF THE INTERIM ORDER IN W.A`| ||`632/22 DATED 27.5.2022`| 12 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`APPENDIX OF WP(C) 17807/2023`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`TRUE COPY OF PROCEEDINGS DATED 03/01/2018ISSUED BY THE`| ||`BOARD OF COMMITTEE`| |`Exhibit P2`|`TRUE COPY OF PROCEEDINGS DATED 18/01/2018 ISSUED BY`| ||`THE BOARD OF DIRECTORS OF THEPETITIONER`| |`Exhibit P3`|`TRUE COPY OF THE MEMO OF CHARGES AGAINST THE 1ST`| ||`RESPONDENT ISSUED BY THE PETITIONER DATED NIL`| |`Exhibit P4`|`TRUE COPY OF REPLY NOTICE SUBMITTED EXPLANATION DATED`| ||`1/2/2018 DENYING THE CHARGES,`| |`Exhibit P5`|`TRUE COPY OF ENQUIRY REPORT SUBMITTED BY THE ENQUIRY`| ||`OFFICER AGAINST THE 1ST RESPONDENT DELINQUENT EMPLOYEE`| ||`SUBMITTED HIS EXPLANATION DATED 1/2/2018 DENYING THE`| ||`CHARGES,`| |`Exhibit P6`|`TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE`| ||`PETITIONER AGAINST 1ST RESPONDENT DATED 27/06/2019`| |`Exhibit P7`|`TRUE COPY OF THE CLAIM STATEMENT FILED BY THE 1ST`| ||`RESPONDENT IN ID NO 1/2021 BEFORE THE LABOUR COURT`| ||`KANNUR`| |`Exhibit P8`|`TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE`| ||`PETITIONER IN ID NO 1/2021 BEFORE THE LABOUR COURT`| ||`KANNUR`| |`Exhibit P9`|`TRUE COPY OF REJIONTER FILED BY THE 1ST RESPONDENT IN`| ||`ID NO 1/2021 BEFORE THE LABOUR COURTM KANNUR`| |`Exhibit P10`|`TRUE COPY OF ADDITIONAL WRITTEN STATEMENT FILED BY THE`| ||`PETITIONER IN ID NO 1/2021 BEFORE THE LABOUR COURT`| ||`KANNUR`| |`Exhibit P11`|`TRUE COPY OF THE ADDITIONAL REJOINTER FILED BY THE 1ST`| ||`RESPONDENT IN ID NO 1/2021 BEFORE THE LABOUR COURT`| ||`KANNUR`| |`Exhibit P12`|`TRUE COPY OF AWARD DATED 13/01/2023 IN ID NO 1/2021`| ||`BEFORE THE LABOUR COURT, KANNUR`| 13 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`APPENDIX OF WP(C) 18324/2023`** |`PETITIONER EXHIBITS`|| |---|---| |`Exhibit P1`|`TRUE COPY OF SUSPENSION ORDER ISSUED BY THE`| ||`PETITIONER TO THE 1DT RESPONDENT DATED`| ||`21/06/2019`| |`Exhibit P2`|`TRUE COPY OF MINUTES DATED 03/01/2020 OF THE`| ||`BOARD OF DIRECTORS OF THE PETITIONER`| |`Exhibit P3`|`TRUE COPY OF MEMO OF CHARGES ISSUED BY THE`| ||`ISSUED BY THE PETITIONER TO THE 1ST`| ||`RESPONDENT DATED 06/08/2019`| |`Exhibit P4`|`TRUE COPY OF THE EXPLANATION SUBMITTED BY THE`| ||`1ST RESPONDENT TO THE PETITIONER DATED`| ||`21/11/2019`| |`Exhibit P5`|`TRUE COPY OF MEMO OF CHARGES ISSUED BY THE`| ||`PETITIONER TO THE 1ST RESPONDENT DATED`| ||`09/01/2020`| |`Exhibit P6`|`TRUE COPY OF OBJECTION SUBMITTED BY THE 1ST`| ||`RESPONDENT TO THE PETITIONER'S BANK DATED`| ||`22/01/2020`| |`Exhibit P7`|`TRUE COPY OF ENQUIRY REPORT SUBMITTED BY THE`| ||`ENQUIRY OFFICER DATED 21/07/2020`| |`Exhibit P8`|`TRUE COPY OF THE DISMISSAL ISSUED BY THE`| ||`PETITIONER'S BANK AGAINST THE 1ST RESPONDENT`| ||`DATED 08/08/2020`| |`Exhibit P9`|`TRUE COPY OF THE CLAIM STATEMENT IN ID`| ||`NO:16/2021 FILED BY THE 1ST RESPONDENT BEFORE`| ||`THE LABOUR COURT, KANNUR`| |`Exhibit10`|`TRUE COPY OF WRITTEN STATEMENT FILED BY THE`| ||`PETITIONER IN ID NO: 16/2021 BEFORE THE`| ||`LABOUR COURT, KANNUR`| |`Exhibit P11`|`TRUE COPY OF AWARD DATED 13/01/2023 IN ID NO:`| ||`16/2021 BEFORE THE LABOUR COURT, KANNUR`| 14 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`APPENDIX OF WP(C) 20070/2023`** ``` PETITIONER EXHIBITS ``` |`Exhibit P1`|`TRUE COPY OF PROCEEDING DATED 03/01/2018 ISSUED BY THE`| |---|---| ||`BOARD OF DIRECTORS OF PETITIONER`| |`Exhibit P2`|`TRUE COPY OF PROCEEDING DATED 18/01/2018 ISSUED BY THE`| ||`BOARD OF DIRECTORS OF PETITIONER`| |`Exhibit P3`|`TRUE COPY OF MEMO OF CHARGES AGAINST THE 1ST`| ||`RESPONDENT ISSUED BY THE PETITIONER DATED NIL`| |`Exhibit P4`|`TRUE COPY OF REPLY NOTICE SUBMITTED BY THE 1ST`| ||`RESPONDENT DATED 01/02/2018`| |`Exhibit P5`|`TRUE COPY OF ENQUIRY REPORT SUBMITTED BY THE ENQUIRY`| ||`OFFICER DATED 30/04/2019`| |`Exhibit P6`|`TRUE COPY OF SUSPENSION ORDER ISSUED BY THE PETITIONER`| ||`AGAINST THE 1ST RESPONDENT DATED 27/06/2019`| |`Exhibit P7`|`TRUE COPY OF CLAIM STATEMENT FILED BY THE 1ST`| ||`RESPONDENT IN ID NO 26/2020 BEFORE THE LABOUR COURT,`| ||`KANNUR`| |`Exhibit P8`|`TRUE COPY OF WRITTEN STATEMENT FILED BY THE PETITIONER`| ||`IN ID NO 26/2020 BEFORE THE LABOURCOURT, KANNUR`| |`Exhibit P9`|`TRUE COPY OF REJOINTER STATEMENT FILED BY THE 1ST`| ||`RESPONDENT IN ID NO 26/2020 BEFORE THE LABOURCOURT,`| ||`KANNUR`| |`Exhibit P10`|`TRUE COPY OF ADDITIONALWRITTEN STATEMENT FILED BY THE`| ||`PETITIONER IN ID NO 26/2020 BEFORE THE LABOURCOURT,`| ||`KANNUR`| |`Exhibit P11`|`TRUE COPY OF ADDITIONAL REJOINTER FILED BY THE 1ST`| ||`RESPONDENT IN ID NO 26/2020 BEFORE THE LABOURCOURT,`| ||`KANNUR`| |`Exhibit P12`|`TRUE COPY OF AWARD DATED 13/01/2023 IN ID NO 26/2020`| ||`BEFORE THE LABOURCOURT, KANNUR`| 15 WPC 16372/23, 17807/23,18324/23, 17085/23 & 20070 of 23 ## **`APPENDIX OF WP(C) 16372/2023`** ``` PETITIONER EXHIBITS ``` |`Exhibit P1`|`TRUE PHOTOCOPY OF THE SUSPENSION ORDER ISSUED`| |---|---| ||`BY THE SECOND RESPONDENT TO THE PETITIONER`| ||`DATED 4.1.2018`| |`Exhibit P2`|`TRUE PHOTOCOPY OF THE CHARGE MEMO ISSUED BY`| ||`THE DISCIPLINARY COMMITTEE TO THE PETITIONER`| ||`DATED NIL`| |`Exhibit P3`|`TRUE PHOTOCOPY OF THE EXPLANATION DATED`| ||`1.2.2018 SUBMITTED BY THE PETITIONER`| |`Exhibit P4`|`TRUE PHOTOCOPY OF THE ORDER DATED 17.7.2019`| ||`ISSUED BY THE RESPONDENTS 1 & 2`| |`Exhibit P5`|`TRUE PHOTOCOPY OF THE JUDGMENT IN W.P.(C)`| ||`20939/2019 DATED 16.11.2019`| |`Exhibit P6`|`TRUE PHOTOCOPY OF THE LETTER DATED 1.8.2019`| ||`ISSUED BY THE PUBLIC INFORMATION OFFICER`| |`Exhibit P7`|`TRUE PHOTOCOPY OF THE AWARD IN I.D 1/2021`| ||`DATED 13.1.23`| |`Exhibit P8`|`TRUE PHOTOCOPY OF THE INTERIM ORDER IN W.A`| ||`632/22 DATED 27.5.2022`|