LAWS(KER)-2020-7-63

KARULAI KSHEEROLPADAKA SAHAKARANA SANGHAM Vs. KOMALAVALLY NARAYANAN

Decided On July 02, 2020
Karulai Ksheerolpadaka Sahakarana Sangham Appellant
V/S
Komalavally Narayanan Respondents

JUDGEMENT

(1.) These writ petitions sprout from a disciplinary proceeding. W.P.(C) No.9029 of 2015 is filed by the employer-Society and W.P.(C) No.13181 of 2018 is filed by the employee. For the sake of convenience, the parties are referred to as 'employer' and 'employee'.

(2.) The employee was working as a Clerk in the employer Society. Pursuant to a charge memo dated 22.05.2007 (Ext.A16 before the Arbitration Court) and enquiry report dated 27.09.2007 (Ext.A19 before the Arbitration Court), the employee was dismissed from service as per order dated 10.01.2008 (Ext.A20 before the Arbitration Court). The order was interfered with by the Co-operative Arbitration Court and directed reinstatement with back wages and all benefits. The challenge against the said order by the employer, in appeal before the Co- operative Tribunal, was dismissed with compensatory costs. In W.P.(C) No.9029 of 2015, the employer Society challenges the said judgment, whereas in W.P.(C) No.13181 of 2018 the employee seeks implementation of the same.

(3.) Heard Sri.P.C.Sasidharan, learned counsel for the employer-Society and Sri.P.P.Jacob, learned counsel for the employee.