PERINTHALMANNA TALUK CO-OPERATIVE EDUCATION SOCIETY Vs. SATHEERATNAM

JUDGEMENT

(1.) These appeals by a common appellant arise from the judgment delivered by a learned single Judge of this court in W.P.(C) No.18580 of 2014 and W.P.(C) No.17361 of 2013 respectively. The appellants are the petitioners in W.P.(C) No.18580 of 2014. The common respondent in these appeals is the petitioner in W.P.(C) No.17361 of 2013. By judgment delivered on 31.05.2017, the learned single Judge allowed W.P.(C) No.17361 of 2013 and directed the appellants to implement Ext.P2 award passed by the Co-operative Arbitration Court expeditiously and at any rate within two months from the date of receipt of a copy of the judgment. By the very same judgment, W.P. (C) No.18580 of 2014 filed by the appellant challenging the very same award passed by the Co-operative Arbitration Court and the order passed by the Co-operative Tribunal affirming it, was dismissed. The brief facts of the case are as follows:

(2.) M.Satheeratnam, the sole respondent in W.A.No.2650 of 2017 and the first respondent in W.A.No.2651 of 2017 was appointed as teacher in a parallel college run by the appellants with effect from 01.07.1986. More than two decades thereafter, pursuant to a complaint received from the Principal of the College alleging unauthorised absence, the managing committee of the appellant Society that met on 17.2007 constituted a sub committee consisting of three members of the managing committee to conduct a preliminary enquiry into the said allegation and to submit a report. The sub committee conducted a preliminary enquiry and submitted a report without examining any witnesses and without notice to the petitioner. In that report, a copy of which is produced and marked as Ext.P2 in W.P.(C) No.18580 of 2014, the sub committee recommended appropriate action against the petitioner. Upon receipt of the said report, the President of the first appellant society placed the petitioner under suspension by order passed on 20.10.2007. Thereupon, Sri T.K.Sankaran, Advocate, a member of the Perinthalmanna Bar, was appointed as the Enquiry Officer. Though the said Enquiry Officer commenced the enquiry, he did not complete it and submit a report. Notwithstanding that fact, by Ext.P3 letter dated 16.7.2010, produced and marked in W.P.(C) No.18580 of 2014, the President of the first appellant society informed the petitioner that the managing committee has decided to disengage her from service. She in turn filed ARC No.167 of 2011 before the Co-operative Arbitration Court, Kozhikode, challenging Ext.P3 letter and seeking a direction to the appellants to reinstate her in service with full back wages and other service benefits.

(3.) The appellants entered appearance and filed a written statement resisting A.R.C.No.167 of 2011. After considering the rival contentions and the evidence on record, the Co-operative Arbitration Court held in Ext.P4 award dated 01.02013 produced and marked in W.P.(C) No.18580 of 2014 that before the petitioner was disengaged, an enquiry into the charges levelled against her was not conducted. The Co-operative Arbitration Court also took note of the fact that she was not paid subsistence allowance. The Co-operative Arbitration Court accordingly set aside Ext.P3 order and directed the appellants to reinstate the petitioner in service with back wages. Challenging that order, the appellants filed Revision Petition No.50 of 2013 before the Kerala Co-operative Tribunal. By Ext.P5 order passed on 19.02014, the Kerala Co-operative Tribunal dismissed the revision petition. M.Satheeratnam thereupon filed W.P.(C) No.17361 of 2013 in this court for an order directing the appellants to implement the award passed by the Co-operative Arbitration Court by reinstating her in service with backwages.