High Court of KeralaSingle JudgeFinal disposition: W.P.(C) No.5944/2024 dismiss...

WP(C) Nos.29882/2024 and 5944/2024: Thomas James v. The Joint Registrar of Co‑operative Societies (General), Kottayam; Kappumthala Service Co-operative Bank Ltd. No. 142, represented by its President/Secretary, and related State/Registrars (Kerala)

Case / Petition Number:WP(C) Nos.29882/2024, 5944/2024

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • D. K. Singh
Judgment Date
2025-04-02
Court Decision / Holding
W.P.(C) No. 5944/2024 filed by the Kappumthala Service Co‑operative Bank Ltd. is dismissed. W.P.(C) No. 29882/2024 filed by the employee is allowed. The Bank/Society to reinstate the employee to the post of Accountant and pay retiral benefits within one month from today, with interest where applicable.
Final Disposition
Final disposition: W.P.(C) No.5944/2024 dismissed; W.P.(C) No.29882/2024 allowed. The Society is directed to reinstate the petitioner and pay all eligible retiral benefits within one month, with interest if any. All interim applications are closed.

Parties to the Case

Appellants / Petitioners

  • Thomas James
  • Kappumthala Service Co-Operative Bank Ltd. No. 142

Respondents

  • The Joint Registrar of Co-Operative Societies [General], Kottayam
  • The Managing Committee of the Kappumthala Service Co‑operative Bank Ltd. No. 142
  • Kappumthala Service Co‑operative Bank Ltd. No. 142
  • The State of Kerala represented by the Secretary, Department of Cooperation, Government Secretariat
  • The Registrar of Co-Operative Societies, Thiruvananthapuram
  • The Joint Registrar of Co-Operative Societies (Kottayam)

Legal Representation & Advocates

Counsels for Petitioners

  • • Arun Chandran
  • • Harimohan Amrita Arun
  • • Aswathy S Menon
  • • Nisha George
  • • George Poonthottam (Sr.)
  • • A L Navaneeth Krishnan

Counsels for Respondents

  • • Bimal K. Nath (Sr. GP)
  • • A L Navaneeth Krishnan

Case Synopsis & Summary

This is a consolidated writ petition arising from disputes over a 19.01.2017 resolution of the Managing Committee of the Kappumthala Service Co‑operative Bank Ltd. that accepted a voluntary retirement and terminated the services of an employee (the 4th respondent in WP(C) 5944/2024 and the petitioner in WP(C) 29882/2024), with the retirement effect from 24.01.2017. The matter traversed a Division Bench, which suggested the employee file a Rule 176 application before the Joint Registrar to rescind the resolution, a course of action that was discussed and accepted by the parties. The Joint Registrar issued an order setting aside the resolution, a decision upheld by the Kerala Co-operative Tribunal, and challenged by the Bank/Co‑operative Society as being beyond jurisdiction under Section 69(2)(d) of the Kerala Co‑operative Societies Act and the Rules (Rule 176). The State contended that Rule 176 wields wide powers, while the employee argued that the Division Bench’s directions had matured into finality. The High Court ultimately held that the Division Bench’s direction to pursue Rule 176 was valid and that the Joint Registrar had jurisdiction to adjudicate the validity of the 19.01.2017 resolution. The petition by the Society was dismissed, and the employee’s writ petition was allowed, directing reinstatement and payment of retiral benefits within a month, with all interim matters closed.

Provisions of Law Cited

Section 69(2)(d) of the Kerala Co-operative Societies Act, 1969Rule 176 of the Kerala Co-operative Societies Rules

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners argued that the Division Bench had directed the petitioner to approach the Joint Registrar under Rule 176 of the Kerala Co-operative Societies Rules to challenge the 19.01.2017 resolution, and that the Joint Registrar’s subsequent setting aside of the resolution was a proper exercise of power. They urged that Rule 176 is a remedial, jurisdictional provision allowing rescission of a improper Managing Committee resolution and that the Joint Registrar’s intervention was authorized and necessary to correct an illegitimate exercise of power by the bank’s Managing Committee. The petitioners further contended that the earlier judgment in W.A. No. 614/2021 had become final, and the mandate to resolve the dispute under Rule 176 should stand. The relief sought included reinstatement to the post of Accountant with retiral benefits, and transfer of relevant records and benefits.

Contentions of Respondents

The respondent‑Society and its allied authorities argued that the Joint Registrar’s power under Rule 176 is limited and that Section 69(2)(d) does not authorize such intervention in a service dispute. They contended that the Division Bench’s directions were not binding appellate authority over Rule 176, and that the Joint Registrar’s order purported to rescind a resolution against the Act and Rules. They urged that the remedy lies within statutory channels (Rule 176) and that the Division Bench decision did not bind this court to foreclose review or privileges to reinstate the employee in the circumstances. The State argued for a broad interpretive approach to the Joint Registrar’s powers, but requested that the court respect the finality of the Division Bench’s conclusions.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Kanjoor Service Co-operative Bank Limited No.454, Ernakulam v. Joint Registrar of Co-operative Societies (General)2016 KHC 595Mentioned OnlyCited in submissions by the employer to support a particular line of argument regarding jurisdiction under Rule 176; the court does not adopt its holding as the basis for the final decision, which instead follows the Division Bench’s view.
P.S. Ravendran v. State of Kerala2007 (3) KHC 780Mentioned OnlyCited to bolster the arguments regarding jurisdiction/power; the decision’s outcome relies on the Division Bench ruling and statutory provisions rather than this citation.

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Extracted Judgment Text

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WP(C) Nos.29882/2024, 5944/2024 1 ``` 2025:KER:28394 ``` **==> picture [58 x 58] intentionally omitted <==** IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH WEDNESDAY, THE 2[ND] DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 29882 OF 2024 ## PETITIONER/S: THOMAS JAMES, AGED 58 YEARS S/O JAMES, KUZHITHOTTATHIL HOUSE, VALACHIRA, KADUTHURUTHY P.O, KOTTAYAM DISTRICT, PIN - 686604 BY ADVS. ARUN CHANDRAN; HARIMOHAN AMRITA ARUN; ASWATHY S MENON ## RESPONDENT/S: - 1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL] KOTTAYAM OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES [GENERAL] KOTTAYAM, KOTTAYAM DISTRICT, PIN - 686602 - 2 THE MANAGING COMMITTEE OF THE KAPPUMTHALA SERVICE CO-OPERATIVE BANK LTD. NO. 142, REPRESENTED BY ITS PRESIDENT, MUTTUCHIRA POST, KOTTAYAM DISTRICT, PIN - 686613 - 3 KAPPUMTHALA SERVICE CO-OPERATIVE BANK LTD. NO. 142, REPRESENTED BY ITS SECRETARY, MUTTUCHIRA POST, KOTTAYAM DISTRICT, PIN - 686613 BY ADVS. Nisha George; GEORGE POONTHOTTAM (SR.)(K/000570/1979) SRI A L NAVANEETH KRISHNAN; BIMAL K. NATH-SR.GP THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 02.04.2025, ALONG WITH WP(C).5944/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.29882/2024, 5944/2024 2 ``` 2025:KER:28394 ``` **==> picture [58 x 58] intentionally omitted <==** IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH WEDNESDAY, THE 2[ND] DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WP(C) NO. 5944 OF 2024 ## PETITIONER/S: THE KAPPUMTHALA SERVICE CO-OPERATIVE BANK LTD. NO. 142 KAPPUMTHALA P.O., MUTTUCHIRA, KOTTAYAM, REPRESENTED BY ITS SECRETARY, PIN - 686613 BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) A.L.NAVANEETH KRISHNAN ## RESPONDENT/S: - 1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF COOPERATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 - 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM, JAWAHAR SAHAKARANA BHAVAN, DPI JUNCTION, THYCAUD, THIRUVANANTHAPURAM, PIN - 695014 - 3 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, KOTTAYAM, PIN - 686002 - 4 THOMAS JAMES, AGED 57 YEARS S/O JAMES, KUZHITHOTTATHIL HOUSE, VALACHIRA, KADUTHURUTHY P.O., KOTTAYAM DISTRICT, PIN - 686613 WP(C) Nos.29882/2024, 5944/2024 3 **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:28394 ``` BY ADVS. ARUN CHANDRAN HARIMOHAN(K/000327/2018) ANJALY T.A(K/1694/2020) ASWATHY S MENON(K/2316/2023) THIS WRIT PETITION (CIVIL) HAVING FINALLY HEARD ON 02.04.2025, ALONG WITH WP(C).29882/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [10 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` ## JUDGMENT [WP(C) Nos.29882/2024, 5944/2024] Heard Mr A L Navaneeth Krishnan learned Counsel for the petitioner in W.P.(C) No.5944/2024; Mr Arun Chandran learned Counsel for the petitioner in W.P.(C) No.29882/2024 who appeared for the respondent also in the respective petitions; and Mr Bimal K Nath learned Senior Government Pleader on behalf of the State. _**Facts**_ : 2. The employee, who is the fourth respondent in W.P.(C) No.5944/2024 and the petitioner in W.P.(C) No.29882/2024, was working as an Accountant in the Kappumthala Service Co-operative Bank. Against the Resolution of the Managing Committee of the Society dated 19.01.2017, whereby the employee’s request for voluntary retirement was accepted and his services stood terminated with effect from 24.01.2017, filed a writ petition before this Court impugning the said decision/Resolution of the Society. WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [10 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` 2.1 The learned Single Bench of this Court dismissed W.P.(C) No.12463/2017 _vide_ judgment dated 19.03.2021, with liberty to the petitioner/employee to avail of the statutory alternative remedy under Section 69(2)(d) of the Kerala Co-operative Societies Act 1969. 2.2 The said judgment came to be challenged by the petitioner/employee in W.A. No.614/2021. The Division Bench of this Court held that the writ petition was filed not only against the order dated 24.01.2017 issued by the Kappumthala Service Co-operative Bank, retiring the petitioner from service, but also against the proceedings in the domain of disciplinary nature. As the petitioner was not challenging the disciplinary proceedings, the whole challenge was only in respect of the Resolution dated 19.01.2017 whereby the Managing Committee decided to accept the alleged voluntary retirement application of the petitioner and retire him from service. The Division Bench was of the view that the proceeding dated 24.01.2017 was only a reflection of the decision taken by the Managing Committee of the Co-operative Society WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [10 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` in respect of the Resolution passed in the meeting held on 19.07.2017. The Division Bench, therefore, was of the view that the dispute was not in respect of the service which would come within the ambit of Section 69(2)(d) of the Co-operative Societies Act. 2.3 The Division Bench also held that the letter addressed by the petitioner/employee was under a fit of emotion inasmuch as he was not being permitted to sign the acquittance register of the Society. Further, the Division Bench also held that it would not be proper to enter into the correctness of the factual case of the petitioner/employee as to whether he had been deliberately denied permission to sign the acquittance register or not. However, the pleading and materials pointed out by both sides would indicate that there was a serious difference of opinion between the petitioner/employee and the authorities of the Society. It was also said that no formal application for voluntary retirement as required under the Rules was submitted by the petitioner/employee and due to emotional turmoil and other issues, the petitioner/employee WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [10 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` would have taken the stand that he should be permitted to sign the acquittance register, failing which he should be granted terminal benefits. 2.4 The Division Bench noted that it was not the case of the employer/Society that despite the permission granted to sign the acquittance register, the petitioner/employee, without any valid reason, did not sign the acquittance register. In view of the aforesaid, the Division Bench, _prima facie_ , held the manner in which the decision dated 19.01.2017 was taken to accept the voluntary retirement request of the petitioner and terminate his service did not appear to be a proper and reasonable exercise of power by the employer/Society. 2.5 The Division Bench, therefore, suggested to both sides that the petitioner/employee should be permitted to file a formal application under Rule 176 of the Kerala Co-operative Societies Rules before the Joint Registrar seeking to rescind the Resolution dated 19.01.2017 taken by the Managing Committee of the respondent/Co-operative Society and the WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** 8 ``` 2025:KER:28394 ``` Joint Registrar should take appropriate decision on the said application filed under Rule 176 of the Kerala Co-operative Societies Rules. 2.6 The learned Counsel appearing for the respondent/Society, on instructions, had agreed to the said course of action as suggested by the Division Bench. Paragraph 10 of the said judgment reads as follows: “10. Accordingly, we suggested to both sides that the appellant could be permitted to file a formal application under Rule 176 of the Kerala Cooperative Societies Rules before the 1st respondent Joint Register, seeking to rescind the resolution dated 19.1.2017 taken by the managing committee of the respondent Co-operative Bank as referred to in Ext.P11 and that the Joint Registrar may take an appropriate decision on the said application filed under Rule 176 of the Kerala Co-operative Societies Act, after hearing the employer and the employee. On more than one occasion, we had impressed upon Sri.P.N.Mohanan, learned Advocate appearing in this case, that a fair and reasonable stand would be taken by the respondent Co-operative Societies in this case. Sri.P.N.Mohanan, on the basis of instructions, has fairly agreed that the said course of action suggested by this Court that the petitioner could be directed to ventilate his grievance by filing an appropriate application under P Rule 176 of the Kerala Co-operative Societies Rules.” Besides that, the Division Bench was also of the opinion that even WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [10 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` otherwise the Resolution passed by the employer/Society would ordinarily be the subject matter of challenge before the statutory authority like Registrar/ notified Registrar in terms of Rule 176, subject to the satisfaction of the parameters in that regard. 3. In view of the aforesaid stand taken on behalf of the respondent Society and the findings recorded by the Division Bench, the petitioner/employee preferred an application under Rule 176 of the Cooperative Societies Rules before the Joint Registrar with a plea to rescind the Resolution. The Joint Registrar _vide_ impugned order [Ext.P16] allowed the application after hearing the parties and set aside the Resolution dated 19.01.2017. The said decision of the Joint Registrar was challenged before the Kerala Co-operative Tribunal by the Society. The Tribunal _vide_ impugned order [Ext.P18] dated 25.09.2023 passed in Appeal No.25/2022 dismissed the appeal and directed the employer/Society to do the needful within three weeks. Now, the Society has filed this writ petition challenging the order passed by the WP(C) Nos.29882/2024, 5944/2024 10 ``` 2025:KER:28394 ``` **==> picture [58 x 58] intentionally omitted <==** Joint Registrar as well as the Kerala Co-operative Tribunal, as stated above. ## 4. The petitioner/employee filed W.P.(C) No.29882/2024 seeking the following reliefs: “I. Issue a writ in the nature of Mandamus or any other appropriate writ, direction or order, directing respondents 2 and 3 to reinstate the petitioner in service of the respondent society as Accountant, the post in which the petitioner was working at the time of his termination of service by the society; II. Declare that the petitioner is entitled to be reinstated in the service of the respondent society as Accountant, the post in which he was working prior to the termination of the petitioner; III. Declare that respondents 2 and 3 cannot reinstate the petitioner to any lower post in the service of the society other than the post of Accountant the post in which he was working prior to the termination of the petitioner, as the petitioner had never been reverted to any lower post in his service in the society; IV. Issue a direction to respondents 2 and 3 to give effect to Exhibit P17 order of respondent Joint Registrar which was upheld by way of Exhibit P18 judgment by the Kerala Cooperative Tribunal and which was directed to be given effect to by this Honourable Court by way of Exhibit P19; V. Issue such other orders, directions permitting the petitioner with the WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [16 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` dispensation of filing of English translation of vernacular documents which are produced as exhibits in the instant Writ Petition [Civil]; VI. Grant such other reliefs as this Court deems fit in the facts and circumstances of the case.” Inasmuch as the order passed by the Joint Registrar and the Kerala Co- operative Tribunal has not been given effect to date and the petitioner/employee has demitted office on 31.12.2024. _**Co-operative Society’s submissions**_ : 5. The learned Counsel for the employer/Society submits that the learned Counsel who agreed to the course of action suggested by the Division Bench did not have instructions to give such a concession. Therefore, the employer/Society filed Review Petition R.P. No.8/2024 seeking to review of the judgment dated 27.08.2021 in W.A. No.614/2021. However, the Review Petition came to be dismissed _vide_ order dated 16.01.2024. 5.1 The learned Counsel for the employer/Society further submits that even this Court cannot confer the jurisdiction on the Joint WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** 12 ``` 2025:KER:28394 ``` Registrar in view of the provisions of sub-section (2)(d) of Section 69 of the Kerala Co-operative Societies Act. Therefore, the order passed by the Joint Registrar is without jurisdiction and liable to be set aside. 5.2 The learned Counsel for the employer/Society also relies on the judgments in _**Kanjoor Service Co-operative Bank Limited No.454, Ernakulam v. Joint Registrar of Co-operative Societies (General)**_[1] and _**P.S. Ravendran v. State of Kerala**_[2] to support his submissions. _**’ Employee s submissions**_ : 6. On the other hand, the learned Counsel for the employee submitted that the Division Bench’s decision has attained finality. Independently, the Division Bench also held that the Joint Registrar would be empowered under Rule 176 of the Kerala Co-operative Societies Rules to adjudicate the dispute regarding the validity of the Resolution dated 19.01.2017 of the Managing Committee. The Division Bench judgment has not been challenged by the petitioner/Society and has > 1 2016 KHC 595 2 2007 (3) KHC 780 WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** 13 ``` 2025:KER:28394 ``` hence attained finality. The Society had also agreed to permit the employee to file an application under Rule 176 to the Joint Registrar. Therefore, it does not lie in the mouth of the Society now to take a stand contrary to the stand taken before the Division Bench. He, therefore, submits that the writ petition is nothing but an abuse of the process of the Court and it should be dismissed without costs. _**’ State s submissions**_ : 7. Mr Bimal K Nath learned Senior Government Pleader has submitted that the power under Rule 176 of the Kerala Co-operative Societies Rules conferred on the Joint Registrar is a very wide power and it is not trammelled by the provisions of Section 69(2) of the Kerala Cooperative Societies Act. The Joint Registrar is empowered to look into any decision of the Managing Committee to find out whether such a decision/Resolution has been taken in accordance with the provisions of the Act and the Rules or otherwise. The Joint Registrar, on application, finds that the Resolution of the Managing Committee or the decision of WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** 14 ``` 2025:KER:28394 ``` the Managing Committee is against the provisions of the Kerala Cooperative Societies Act and the Rules made thereunder, it would be well within his power to rescind such a Resolution or decision of the Managing Committee. He, therefore, submits that the impugned order passed by the Joint Registrar is independently within the powers, besides the judgment passed by the Division Bench in W.A. No.614/2021. : _**Discussion and Analysis**_ 8. I have considered the submissions advanced on behalf of the parties and perused the records. 9. The question that requires consideration before this Court is whether the Co-operative Society can take a U-turn and contend that the Joint Registrar does not have jurisdiction to adjudicate the dispute regarding the validity of the Resolution dated 19.01.2017 passed by the Managing Committee, to accept the request for voluntary retirement of the petitioner/employee and terminate his services. WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [16 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` 10. The employer/Society specifically agreed before the Division Bench to allow the employee to file an application under Rule 176 of the Kerala Co-operative Societies Rules to rescind the Resolution of the Managing Committee dated 19.01.2017. The Society was heard, and after considering the merit of the matter, the Joint Registrar concluded that the Resolution dated 19.01.2017 was an illegal exercise of the power by the Managing Committee and the same was set aside. The said decision has been upheld by the Kerala Co-operative Tribunal as well. 10.1 Once the Society agreed before the Division Bench that it agrees to the course of action suggested by the Division Bench to allow the employee to file an application under Rule 176 of the Kerala Cooperative Societies Rules challenging the Resolution dated 19.01.2017 passed by the Managing Committee, it cannot take a U-turn in the present writ petition to contend that the Joint Registrar does not have the jurisdiction to decide the dispute regarding the validity of the Resolution dated 19.01.2017. WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [16 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` 10.2 Even otherwise, the Division Bench independently has held that the question of the validity of the Resolution dated 19.01.2017 is not a service dispute which would fall within the ambit and scope of Section 69(2)(d) of the Kerala Co-operative Societies Act. The decision of the Division Bench has remained unchallenged, and it has attained finality. This Court is not sitting in appeal or review of the said judgment. Therefore, it would not be proper for this Court to comment upon the decision of the Division Bench. Once the Division Bench has directed the parties, on consent, to avail the remedy of Rule 176 of the Kerala Cooperative Societies Rules, neither the employee nor the Society can take a contrary stand before this Court. ## _**Result**_ : 11. In view thereof, this Court does not find any substance in this writ petition filed by the Co-operative Society. Hence, W.P.(C) No.5944/2024, filed by the Kappumthala Service Co-operative Bank, stands dismissed. WP(C) Nos.29882/2024, 5944/2024 **==> picture [58 x 58] intentionally omitted <==** **==> picture [16 x 9] intentionally omitted <==** ``` 2025:KER:28394 ``` 11.1 However, the writ petition filed by the employee succeeds. W.P.(C) No.29882/2024 filed by the employee is allowed. The Society is directed to pay all eligible benefits, including retiral benefits, to the petitioner within one month from today along with eligible interest, if any. All Interlocutory Applications regarding interim matters stand closed. Sd/- D. K. SINGH JUDGE jjj WP(C) Nos.29882/2024, 5944/2024 18 ``` 2025:KER:28394 ``` **==> picture [58 x 58] intentionally omitted <==** ## APPENDIX OF WP(C) 5944/2024 ## PETITIONER EXHIBITS Exhibit -P1 TRUE COPY OF THE APPLICATION DATED 23.10.2014 SUBMITTED BY THE 4TH RESPONDENT Exhibit -P2 TRUE COPY OF THE APPLICATION DATED 28.11.2014 SUBMITTED BY THE 4TH RESPONDENT Exhibit-P3 TRUE COPY OF THE COMMUNICATION DATED 10.12.2014 ISSUED BY THE BANK TO THE 4TH RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER DATED 17.6.2015 ISSUED BY THE PRESIDENT OF PETITIONER BANK TO THE 4TH RESPONDENT Exhibit P5 TRUE COPY OF THE PROCEEDINGS OF THE PRESIDENT OF THE PETITIONER BANK DATED 26.06.2015 Exhibit P6 TRUE COPY OF THE APPLICATION DATED 26.6.2015 SUBMITTED BY THE 4TH RESPONDENT TO THE PETITIONER BANK Exhibit P7 TRUE COPY OF THE APPEAL DATED 20.08.2015 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE PETITIONER BANK Exhibit P8 TRUE COPY OF THE APPLICATION DATED 31.12.2016 SUBMITTED BY THE 4TH RESPONDENT Exhibit-P9 TRUE COPY OF THE DECISION NO. 1568 DATED 19.1.2017 OF THE PETITIONER BANK Exhibit P10 TRUE COPY OF THE COMMUNICATION DATED 24.01.2017 ISSUED BY THE PRESIDENT OF THE PETITIONER BANK TO THE 4TH RESPONDENT Exhibit P11 TRUE COPY OF THE APPLICATION DATED 07.02.2017 SUBMITTED BY THE 4TH RESPONDENT BEFORE THE PRESIDENT OF THE PETITIONER BANK Exhibit P12 TRUE COPY OF THE DECISION OF THE PETITIONER BANK DATED 9.2.2017 Exhibit P13 TRUE COPY OF THE JUDGMENT DATED 19.3.2021 IN W.P. (C) NO. WP(C) Nos.29882/2024, 5944/2024 19 ``` 2025:KER:28394 ``` **==> picture [58 x 58] intentionally omitted <==** - 12463/2017 PASSED BY THIS HON'BLE COURT - Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 27.8.2021 IN W.A. NO. 614/2021 PASSED BY THIS HON'BLE COURT - Exhibit P15 TRUE COPY OF THE APPLICATION DATED 30.09.2021 PREFERRED BY THE 4TH RESPONDENT BEFORE THE 3RD RESPONDENT - Exhibit P16 TRUE COPY OF THE ORDER NO. JRGKTM/1561/2021-CRP(2) DATED 24.11.2021 PASSED BY THE 3RD RESPONDENT - Exhibit P17 TRUE COPY OF THE APPEAL NO. 25/2022 FILED BEFORE THE HON'BLE KERALA CO-OPERATIVE TRIBUNAL DATED 21.01.2022 - Exhibit P18 TRUE COPY OF THE ORDER DATED 25.9.2023 IN APPEAL NO. 25/2022 PASSED BY THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM - Exhibit P19 TRUE COPY OF THE JUDGMENT DATED 06.11.2023 IN W.P.(C)NO. 34145/2023 PASSED BY THIS HON'BLE COURT - Exhibit P20 TRUE COPY OF THE ORDER DATED 16.01.2014 IN C.M. APPLICATION NO. 1/2024 IN R.P. NO. 8/2024 IN W.A.NO. 614/2021. - Exhibit P21 TRUE COPY OF THE COMMUNICATION DATED 17.01.2024 ISSUED BY THE PRESIDENT OF THE PETITIONER BANK TO THE 4TH RESPONDENT - Exhibit P22 TRUE COPY OF THE JUDGMENT DATED 23.01.2024 IN CONT. CASE (C). NO. 2875/2023 PASSED BY THIS HON'BLE COURT - Exhibit P23 TRUE COPY OF THE LETTER DATED 06.02.2024 ISSUED BY THE PRESIDENT OF THE PETITIONER BANK TO THE 4TH RESPONDENT Exhibit P24 TRUE COPY OF THE PETITION TO RE-OPEN THE CONTEMPT OF COURT CASE NUMBERED AS I.A.NO.1 AND 2 OF 2024 IN CONT. CASE (C). NO. 2875/2023 FILED BEFORE THIS HON'BLE COURT, WITHOUT ANNEXURES. WP(C) Nos.29882/2024, 5944/2024 20 ``` 2025:KER:28394 ``` **==> picture [58 x 58] intentionally omitted <==** ## APPENDIX OF WP(C) 29882/2024 ## PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER DATED 23.10.2014 - Exhibit P2 TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY THE PETITIONER DATED 28.11.2014 - Exhibit P3 TRUE COPY OF THE MEMO OF CHARGES ISSUED BY RESPONDENT BOARD TO THE PETITIONER DATED 07.03.2015 - Exhibit P4 TRUE COPY OF THE DETAILED EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT BOARD OF DIRECTORS, BEARING DATE 28.03.2015 - Exhibit P5 TRUE COPY OF THE ORDER ISSUED BY RESPONDENT BOARD OF DIRECTORS TO THE PETITIONER BEARING DATE 17.06.2015 - Exhibit P6 TRUE COPY OF THE ORDER ISSUED BY RESPONDENT BOARD OF DIRECTORS TO THE PETITIONER BEARING DATE 26.06.2015 - Exhibit P7 TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER BEFORE THE RESPONDENT BOARD OF DIRECTORS BEARING DATE 20.08.2015 - Exhibit P8 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE BEFORE THE JURISDICTIONAL JOINT REGISTRAR OF COOPERATIVE SOCIETIES [GENERAL], DATED 31.08.2015 - Exhibit P9 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE BOARD OF DIRECTORS BEARING DATE 31.12.2016 - Exhibit P10 TRUE COPY OF THE REQUEST PREFERRED BY THE PETITIONER ADDRESSING THE BOARD OF DIRECTORS DATED 23.01.2017 - Exhibit P11 TRUE COPY OF THE LETTER OF TERMINATION ISSUED BY RESPONDENT SOCIETY TO THE PETITIONER DATED 24.01.2017 - Exhibit P12 TRUE COPY OF THE REQUEST PREFERRED BY THE PETITIONER TO RESPONDENT SOCIETY DATED 07.02.2017 WP(C) Nos.29882/2024, 5944/2024 21 **==> picture [58 x 58] intentionally omitted <==** ``` 2025:KER:28394 ``` |Exhibit|P13|TRUE COPY OF THE JUDGMENT IN WRIT PETITION [CIVIL] NO.12463| |---|---|---| |||OF 2017, DATED 19.03.2021| |Exhibit|P14|TRUE COPY OF THE INTERIM ORDER IN WRIT APPEAL NO. 614 OF 2021| |||DATED 05.07.2021| |Exhibit|P15|TRUE COPY OF THE JUDGMENT IN WRIT APPEAL NO. 614 OF 2021,| |||DATED 27.08.2021| |Exhibit|P16|TRUE COPY OF THE REPRESENTATION PREFERRED BY THE| |||PETITIONER BEFORE JURISDICTIONAL JOINT REGISTRAR UNDER RULE| |||176 OF THE KCS RULES DATED 30.09.2021| |Exhibit|P17|TRUE COPY OF THE ORDER BEARING NO. JRGKTM/1561/2021-CRP (2)| |||DATED 24.11.2021| |Exhibit|P18|TRUE COPY OF THE JUDGMENT DATED 25.09.2023 IN APPEAL NO 25/| |||2022, BY THE KERALA COOPERATIVE TRIBUNAL AT| |||THIRUVANANTHAPURAM| |Exhibit|P19|TRUE COPY OF THE JUDGMENT DATED 06.11.2023, IN WRIT PETITION| |||[CIVIL] NO. 34145 OF 2023| |Exhibit|P20|TRUE COPY OF THE ORDER DATED 16.01.2024, IN RP NO. 8 OF 2024| |Exhibit|21|TRUE COPY OF THE COMMUNICATION ISSUED BY THE PRESIDENT OF| |||THE BOARD OF DIRECTORS OF THE SOCIETY DATED 17.01.2024,| |||REQUIRING THE PETITIONER TO JOIN THE SERVICES OF THE SOCIETY| |Exhibit|P22|TRUE COPY OF THE JUDGMENT DATED 23.01.2024 IN CONTEMPT OF| |||COURT CASE [CIVIL] NO. 2875 OF 2023| |Exhibit|P23|TRUE COPY OF THE NOTICE DATED 06.02.2024, ISSUED BY THE| |||RESPONDENT PRESIDENT OF THE SOCIETY| |Exhibit|P24|TRUE COPY OF THE REPLY DATED 12.02.2024, SENT BY THE| |||PETITIONER IN RESPONSE TO EXHIBIT P23 NOTICE OF RESPONDENT| |||NO. 2| |Exhibit|P25|TRUE COPY OF THE POSTAL RECEIPT DATED 12.02.2024, EVIDENCING| |||THE COMMUNICATION OF EXHIBIT P24, REPLY| |Exhibit|P26|TRUE COPY OF THE ORDER DATED 16.02.2024 IN IA NO. 1 OF 2024 IN| WP(C) Nos.29882/2024, 5944/2024 22 ``` 2025:KER:28394 ``` **==> picture [58 x 58] intentionally omitted <==** COC NO. 2875 OF 2023 Exhibit P27 TRUE COPY OF THE NOTICE DATED 28.07.2024, ISSUED BY THE AUDIT TEAM [KTM- 29], OFFICE OF THE ASSISTANT DIRECTOR [AUDIT], VAIKOM Exhibit P28 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE AUDIT TEAM [KTM- 29], OFFICE OF THE ASSISTANT DIRECTOR [AUDIT], VAIKOM, DATED 07.08.2024 RESPONDENT EXHIBITS Exhibit-R3(a) True copy of the decision No. 1568 dated 19.1.2017 of the 3rd respondent Bank. PETITIONER EXHIBITS Exhibit P29 TRUE COPY OF THE WRITTEN COMMUNICATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT SOCIETY, EVIDENCING HIS APPEARANCE BEARING DATE 23.10.2024 Exhibit P30 TRUE COPY OF THE WRITTEN COMMUNICATION ISSUED BY THE RESPONDENT SOCIETY TO THE PETITIONER, REINSTATING HIM TO THE POSITION OF ‘ACCOUNTANT’ BEARING DATE 23.10.2024