THE THODUPUZHA TALUK CO-OPERATIVE RUBBER MARKETING SOCIETY Vs. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM AND ORS.

JUDGEMENT

(1.) This writ petition has been filed challenging Ext. P15, the judgment passed by the Kerala Co -operative Tribunal in Appeal No. 88 of 2012. The petitioner namely, the Thodupuzha Taluk Cooperative Rubber Marketing Society is the respondent in the said appeal. The petitioner has also sought for a declaration that the transfer of the third respondent's application filed before the Joint Registrar invoking Rule 176 of the Kerala Co -operative Societies Rules, 1969 (herein after referred to as 'the Rules' for short) to the Co -operative Arbitration Court was illegal and therefore the entire proceedings resulting in Ext. P15 are vitiated and null and void. In the alternative, the petitioner seeks for making reasonable amendments to the amount directed to be paid to the third respondent.

(2.) The short facts involved in the writ petition would disclose that the third respondent herein was appointed as Factory Manager of the Crumb Rubber Factory at Muttam, established by the petitioner Society on 4.5.1983. It is alleged that without any valid explanation, the third respondent availed of leave and accordingly show cause notice dated 8.2.1991 was issued calling upon the third respondent to submit his explanation. He submitted his explanation on 21.2.1991. By Ext. P4 dated 18.5.1991, the third respondent was called upon to report for duty. Said notice was served on the third respondent on 25.5.1991. The third respondent did not join duty nor did he submit any further explanation. Hence the Management Committee which held on 4.6.1991 observed that the third respondent had willfully abandoned his job and hence it was resolved to dismiss him from service with effect from 27.2.1991. The resolution is produced as Ext. P5. By Ext. P6 letter dated 10.6.1991, the order of dismissal was communicated to the third respondent.

(3.) The third respondent preferred an appeal before the Board of Directors, which came to be dismissed as per order dated 16.10.1991. The third respondent thereafter challenged the said order by filing W.P.(C). No. 12825 of 1991. By judgment dated 21.05.2003, this Court directed the third respondent to avail the alternative remedy under the Kerala Co -operative Societies Act (herein after referred to as 'the Act' for short). Though review petition was filed, the same also was dismissed, however relegating him to approach the Joint Registrar of the Cooperative Societies.