ASSOCIATION OF MILMA OFFICERS Vs. STATE OF KERALA

JUDGEMENT

(1.) This Larger Bench has been constituted to answer the reference made by a three Judge Bench vide referring order dated 09.01.2012. The Division Bench which heard the Writ Petition, in turn, made a reference by their order dated 18.10.2010 on which a three Judge Bench was constituted. It is useful to quote the reference order of the three Judge Bench dated 9.1.2012 which is to the following effect.

(2.) Before we proceed to consider the submissions made and the issues raised by the parties, it is necessary to look into the relevant facts giving rise to the Writ Petition. The 1st petitioner is an Association of Officers working at Thiruvananthapuram Regional Co-operative Milk Producers Union Ltd., and the 2nd petitioner was working as Senior Manager in. Charge of the said Union. Petitioners' case is that the 2nd respondent is a Society registered under the Kerala Co-operative Societies Act, 1969 and governed by its own bye laws. The objectives of the Union are to carry out the activities conducive to the socio-economic development of the Milk Producers. The Apex Body of the Union is the Board of Directors. It is further pleaded that rules and regulations regarding appointment, termination and other matters regarding the conditions of service of the 2nd respondent was governed by the Staff Regulations of the 2nd respondent which are annexed as Ext. Pl. It is their case that even though the 2nd petitioner was eligible to be appointed in the post of Senior Manager (Dairy), respondents 3 and 4 were taking hasty steps to appoint the 7th respondent to the said post. Petitioners claim to have submitted a representation before respondents 3 and 4. In the above backdrop, the Writ Petition was filed for the following reliefs:

(3.) The following judgments were cited before the Division Bench at the time of hearing the matter.