A P PADMAKUMARI Vs. ISRO EMPLOYEES COOP SOCIETY

JUDGEMENT

(1.) O. P. No. 1869 of 1088 is by one petitioner and O. P. No. 2563 of 1988 is by 6 petitioners. The facts leading to the filing of these two original petitions are the same, the petitioners being persons appointed as junior Clerks in the first respondent, which is a cooperative society of employees of the Indian Space Research Organisation, Trivandrum . I shall state the facts in O. P. No. 2563/88 inasmuch as the counter affidavit of the first respondent society is filed therein.

(2.) THE first respondent society invited applications for the post of Junior Clerks as per a notification dated 13-5-1986. THE petitioners were qualified for the post and applied for the same. THE written test was conducted on 9-8-1986. THE second respondent Joint registrar was in charge of the conduct of the test, a fact which is not denied in the counter affidavit. THE question papers were set, examination conducted and the papers valued by the second respondent. THE petitioners were called for interview on 29-12-1986. THEy were selected and were appointed to the post on 19-3-1987.

(3.) THE special general body meeting had been convened to consider various matters, particularly a proposal to amend the bye laws of the society, to extend the term of the managing committee from three years to five years. THE meeting took place on 8-3-1987, with conflicting versions as to what happened on that day. According to the petitioners the meeting took place regularly and properly, the motion of no confidence was defeated and the other items in the agenda were gone through. THE general body passed resolution to extend the term of the managing committee to five, years. According to the first respondent however, the meeting ended in a fiasco with confusion all around. THE meeting was not and could not be, carried on in accordance with law and none of the items was gone through. THE Inspector of cooperative Societies who attended the meeting made a report about the alleged irregularities in the meeting, to the Joint Registrar who, without much ado, passed the order Ext. R1 (a) on 22-4-1987 holding that the proceedings at the meeting were not legal and that the resolutions had not been passed after discussion or in accordance with law. In the event, he directed a fresh general body meeting to be convened within three months to discuss the no confidence motion and other items included in. the agenda for the meeting on 8-3-1987.