M U SHERLY Vs. PRESIDENT PARAPPURAM MILK PRODUCERS

JUDGEMENT

(1.) In the matter of disciplinary proceedings against an employee of a cooperative society registered under the provisions of the Kerala Cooperative Societies Act, 1969 (hereinafter referred to as 'the KCS Act') once the Registrar exercises his power under Rule 176 of the Kerala Cooperative Societies Rules, 1969 (hereinafter referred to as 'the KCS Rules'), is it open to the aggrieved employee to take recourse to the remedies under the Industrial Disputes Act, 1947 (hereinafter referred to as 'the I.D. Act') is essentially the question referred to the Full Bench. To pose a general question, is an employee subject to disciplinary proceedings entitled to have his grievance adjudicated before an authority, Forum, Tribunal or Court, which is independent of the executive

(2.) The appeal is at the instance of the employee who is the third respondent in the writ petition filed by the society. The society challenged the reference order passed by the Government under Section 10(1)(d) of the I.D. Act, 1947, referring the dispute for adjudication before the Industrial Tribunal. The question referred is "Whether the dismissal of Smt. M.Y. Sherly by the Management of Parappuram Milk Producers Co-operative Society Ltd., is legal and justifiable - Ext.P1 is the reference order. Ext.P4 is the preliminary order passed by the Industrial Tribunal, Alappuzha wherein it has been held that the domestic enquiry conducted against the workman is "void and unsustainable". Since the management had not sought for fresh opportunity to prove the charges, the consequential Ext.P5 award was passed setting aside the dismissal and ordering reinstatement with 50% of the back wages. Exts.P11, P4 and P5 orders are under challenge at the instance of the society.

(3.) The learned Single Judge framed the following issues for consideration :