M AMBIKAKUTTY Vs. KERALA CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) How is inter se seniority to be determined between two employees of a Cooperative Society when there is no rule or term of employment specifically covering the situation This is a question that falls for determination in these appeals.

(2.) W.A. No. 2086/1982 arises from the judgment in O.P. No. 11330/1995. The learned single Judge found that in the absence of any or term of employment, the date of actual commencement of service alone has to be reckoned as the crucial input. The Original Petition filed by the appellant challenging the decision of the Cooperative Tribunal was dismissed.

(3.) By the impugned common judgment, O.P. No. 14396 of 1995 was also disposed of by the learned single Judge. In the said Original Petition, the 6th respondent in this appeal had challenged the finding in the judgment of the Cooperative Tribunal in so far as it was against her. The Cooperative Tribunal had held that in the absence of rules, regulations, bye laws etc. it is the rank on merits assigned to the candidates appointed by a common order that has to be reckoned as the relevant input for ascertaining inter se seniority.