CHRISTIAN COLLEGE CO OPERATIVE SOCIETY Vs. ANNAMMA JOHN

JUDGEMENT

(1.) Heard Mr. K.P. Vijayan for the petitioner, Mr. P.C. Sasidharan for Respondent No. 1 and Mr. Jose Thettayil, Government Pleader for respondent No. 2. The above Original Petition has been filed by the Cooperative Society to set aside Ext. P4. Under Ext. P4 the Joint Registrar of the Cooperative Societies, Alappuzha by his proceedings C.R. B. 4928/88 dated5.4.1989 rescinded the resolution No. 2 of the 8th meeting of the managing committee of Christian College Cooperative Stores A. 372, Chengannur which according to the Joint Registrar of Cooperative Societies is in contravention of R.198(2) of the Cooperative Societies Rules.

(2.) The first respondent, Annamma John was the Sales Assistant appointed by the petitioner society. According to the Society, she has been indulging in many malpractices thereby causing great loss to the society and in the circumstances charge memo dated 5.2.1988 was issued to her. She was asked to show cause why disciplinary action should not be taken against her for various charges including meddling with the records of the society, misappropriation of money and dereliction of duty etc. She submitted an explanation which was found not satisfactory. Therefore, the management appointed a commission to enquire into the matter which investigated the matter in detail and found that the first respondent is guilty of the charges levelled against her. The first respondent submitted a representation tendering apology for the misconduct and requesting the management to take a lenient view in the matter. The management taking a lenient view directed the first respondent to reimburse to the society an amount of Rs. 4,415.75 on or before 7.6.1988 in lump sum or in instalments and also to pay Rs. 300/- imposed by way of fine for the misconduct and dereliction of duty on the part of the first respondent. The decision of the Managing Committee was duly communicated to her on 11.4.1988. She failed to remit the amount as directed. She did not care to keep the accounts of the society fairly and properly and even refused to sign the acquittance roll and to receive her salary. In the circumstances the first respondent was kept under suspension with effect from 16.6.1988 and was again directed to make the payment on or before 30.6.1988. She refused to comply with the directions of the society. In the circumstances the Managing Committee decided to compulsorily retire the first respondent from service of the society with effect from the date of suspension viz. 16.6.1988. The order of compulsory retirement was duly served on her. As against the disciplinary action taken by the society the first respondent filed O.S. 113/88 before the Munsiffs Court, Chengannur which was dismissed on 27.10.1988. Her Arbitration Suit in A.R.C. No. 13/88 before the second respondent challenging the decision of the petitioner society against the disciplinary action taken by the petitioner and also seeking an order from the second respondent reinstating her in service and when the ARC 13/88 was pending she filed O.P. 5267/88 challenging the termination of her services as an employee of the society which was dismissed by this Court on 1.7.1988. In the Arbitration Case 13/88 the petitioner society filed a preliminary objection contending that the action taken by the society is valid and in law and the second respondent has no jurisdiction to deal with the dispute relating to the termination of service of an employee of a Cooperative Society under S.69 of the Cooperative Societies Act and that the Joint Registrar is incompetent to interfere in such matters by way of rescinding the resolution of the Board of Directors under R.176 of the Kerala Cooperative Societies Rules. The objection dated 6.7.1988 is marked as Ext. P1. Upholding the contention raised by the society the Arbitration Case filed by the first respondent was dismissed by the Joint Registrar by his order dated 6.7.1988 which has been marked as Ext. P2. Thereafter the first respondent filed another O.P. 9759/88 which was dismissed by this Court on 6.1.1988. The said judgment has been marked as Ext. P3. Under Ext. P3 this Court on 6.1.1989 passed the following judgment: -

(3.) The first respondent filed a counter affidavit stating that Ext. P4 has been passed by the Joint Registrar of the Cooperative Societies by virtue of the powers conferred on him by R.176 of the Kerala Cooperative Societies Rules, 1969 which confers power on the Registrar to rescind resolutions taken by the society if such resolutions are ultravires the objects of the society or is against the provisions of the Act, Rules or bye laws of the society. It is further submitted that the action of the society compulsorily retiring the first respondent from service is in clear violation of R.198(2) of the Cooperative Societies Rules. Along with the counter affidavit the first respondent filed Exts. R1(a) to R1(f) - Along with CMP 288/91 the first respondent has also produced Ext. R1(g) which is the extract of the audit certificate and audit memorandum for the year 1987-88.