INDIA COFFEE BOARD WORKERS CO Vs. STATE OF KERALA REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF INDUSTRIES, SECRETARIAT, THIRUVANANTHAPURAM

JUDGEMENT

(1.) The fifth respondent (hereinafter referred to as "the employee") was an employee under the appellant society (hereinafter referred to as "the employer"). Alleging unauthorised absence from duty, he was dismissed from service on 07.07.2009. The employee challenged the dismissal before the Arbitration court in ARC 104/11. As per Ext. P6 award, the order of dismissal was modified as one of compulsory retirement. The employee filed appeal as Appeal No.62/13 before the Tribunal. The Tribunal al lowed the appeal with the following direction:-

(2.) Heard sri.v.Rajendran (Perumbavoor) on behalf of the appellant, Sri.Dileep varghese for the employee and senior Government Pleader for respondents 1 to 3.

(3.) In Ambika v. The Kottappady Service Co-operative Bank Ltd. [2018 (3) KLT 7793 , It was held that there cannot be any order of reinstatement by the co-operative Tribunal as it would amount to enforcement of a contract for personal service. This court relied on the judgment of the Apex court in Maharashtra State Co-operative Housing Finance Corporation Ltd. v. Prabhakar Sitaram Bhandange [(2017) 5 SCC 623]. Therefore, the direction regarding reinstatement in service is unsustainable.