Kerala High Court
Sinimol K.B vs The Joint Registrar Of Co-Operative ... on 10 August, 2006
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
FRIDAY, THE 24TH DAY OF NOVEMBER 2017/3RD AGRAHAYANA, 1939
WP(C).No. 25652 of 2014 (F)
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PETITIONER(S):
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1. SINIMOL K.B.,
MUKKIL HOUSE, KALIYAR P.O., KALIYAR,
THODUPUZHA, IDUKKI DISTRICT.
2. SAMINI JOHN,
CHERUKKATTUPARAMBIL HOUSE, KADAVOOR P.O.,
NORTH PUNNAMATTOM, KADAVOOR, ERNAKULAM DISTRICT.
3. SINDHU XAVIER,
CHATHAMKANDATHIL, KADAVOOR P.O., NORTH PUNNAMATTOM,
KADAVOOR, ERNAKULAM DISTRICT.
(ALL PETITITONERS WORKING AS PART TIME SWEEPERS IN
KADAVOOR SERVICE CO-OP. BANK LTD.)
BY ADVS.SRI.N.RAGHURAJ
SMT.K.AMMINIKUTTY
RESPONDENT(S):
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1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL)
ERNAKULAM - 682 030
2. THE PART TIME ADMINISTRATOR,
KADAVOOR SERVICE CO-OPERATIVE BANK LTD., NO.1882,
HEAD OFFICE, KADAVOOR, KADAVOOR P.O.,
MUVATTUPUZHA, ERNAKULAM DISTRICT-686 671.
3. THE SECRETARY,
KADAVOOR SERVICE CO-OPERATIVE BANK LTD., NO.1882,
HEAD OFFICE KADAVOOR, KADAVOOR P.O., MUVATTUUZHA,
ERNAKULAM DISTRICT-686 671.
4. KADAVOOR SERVICE CO-OPERATIVE BANK LTD., NO.1882,
HEAD OFFICE, KADAVOOR, KADAVOOR P.O., MUVATTUUZHA,
ERNAKULAM DISTRICT-686 671.REPRESENTED BY ITS SECRETARY.
R1 BY GOVERNMENT PLEADER SMT. MABLE.C. KURIAN
R2-R4 BY ADVS. SRI.BECHU KURIAN THOMAS
SRI.S.SREEDEV
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 24-11-2017, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Hr.
WP(C).No. 25652 of 2014 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1. TRUE PHOTOCOPY OF THE ORDER OF APPOINTMENT ISSUED TO THE
1ST PETITIONER BY THE 4TH RESPONDENT DATED 10/8/2006.
EXT.P1(A).TRUE PHOTOCOPY OF THE ORDER OF APPOINTMENT ISSUED TO THE
2ND PETITIONER BY THE 4TH RESPONDENT DATED 10/8/2006.
EXT.P1(B).TRUE PHOTOCOPY OF THE ORDER OF APPOINTMENT ISSUED TO THE
3RD PETITIONER BY THE 4TH RESPONDENT DATED 10/8/2006.
EXT.P2. TRUE PHOTOCOPY OF THE COMMUNICATION BEARING NO.K.M.1133/11
DATED 12/12/2011.
EXT.P3. TRUE PHOTOCOPY OF THE COMMITTEE RESOLUTION NUMBERS 281/12,
281/13 DATED 12/1/2012.
EXT.P4. TRUE PHOTOCOPY OF THE NOTICE NO.6/9 DATED 3/9/2014 ISSUED
BY THE 2ND RESPONDENT TO THE PETITIONERS
EXT.P4(A).TRUE PHOTOCOPY OF THE NOTICE NO.7/9 DATED 3/9/2014 ISSUED
BY THE 2ND RESPONDENT TO THE PETITONERS.
EXT.P4(B).TRUE PHOTOCOPY OF THE NOTICE NO.8/9 DATED 3/9/2014 ISSUED
BY THE 2ND RESPONDENT TO THE PETITONERS.
EXT.P5. TRUE PHOTOCOPY OF THE ORDER BEARING NO.CRP(1) 2573/14/A.DIS
DATED 13/8/2014 ISSUED BY THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS
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NIL
// TRUE COPY//
P.A TO JUDGE.
Hr.
SHAJI P.CHALY, J.
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W.P.(C) No.25652 of 2014
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Dated this the 24th day of November, 2017
JUDGMENT
Petitioners are working as part time Sweepers in the 4th respondent Society, which is a primary credit Co-operative society, functioning in accordance with the provisions of the Kerala Co-operative Societies Act and Rules, 1969. The 4th respondent bank has, apart from its head office at Kadavoor has three branches namely, Main, Paingottoor and Chathamattom branches. The 1st petitioner entered the service of the 4th respondent on 02.05.2013 and the 2nd and 3rd petitioners on 10.02.1998 respectively, as part time Sweepers on daily wage basis. Later, the petitioners submitted representations before the 4th respondent, seeking regularisation of the posts. Considering the request in the light of relevant Circulars issued by the Registrar, the Managing Committee of the 4th respondent, as per resolution No.113 dated 10.08.2006, appointed the petitioners as part- time Sweepers on regular basis with effect from 10.08.2006. Subsequently, the 3rd respondent sought approval of the 1st W.P.(C) No.25652 of 2014 : 2 : respondent in respect of the appointment of the petitioners through the Assistant Registrar General, Kothamangalam. Thereupon, as per Ext.P2 communication dated 12.12.2011, informed that, no approval of Registrar is required since the appointment of the petitioners were effected prior to the issue of Circular No.13/2011 dated 07.02.2011 of the Registrar of Co- operative Societies and that the managing committee of the Bank is entitled to take such a decision.
2. However, during the second week of September, 2014, petitioners were served with Ext.P4 series of notice issued by the 3rd respondent, proposing to cancel their appointment as part time Sweepers. In Ext.P4 series of notice, Ext.P5 order passed by the Joint Registrar, dated 13.08.2014 is referred to, wherein it is directed to cancel the appointment of the petitioners. According to the petitioners, no notice was issued to the petitioners before Ext.P5 order was issued. It is also discernible from Ext.P5 notice that, a notice to terminate the services of part time Sweepers allegedly made illegally is issued in an application filed by the 4th respondent bank, seeking approval of the appointment of one M.K.Ramakrishnan Nair, a part time Sweeper, who has to attain the age of superannuation in the year W.P.(C) No.25652 of 2014 : 3 : 2015. The sum and substance put forth by the petitioners is that there was no properly constituted proceedings before the Joint Registrar, enabling the Joint Registrar to pass Ext.P5 order and it is thus seeking to quash Ext.P4 series of notice and Ext.P5, this writ petition is filed.
3. I have perused the pleadings and documents on record and heard the learned Government Pleader.
4. The question to be considered is, whether any manner of interference is warranted to Ext.P4 series of notice and Ext.P5 order passed by the Joint Registrar, dated 13.08.2014. On evaluating Ext.P5, what I could gather is that the 4th respondent Society has placed a resolution before the Joint Registrar, seeking approval of the appointment of one M.K.Ramakrishnan Nair as part time Sweeper, stating the exigency that Ramakrishnan Nair is due to retire during the year 2015, attaining the superannuation, at the age of 65 years. However, while approving the appointment of M.K.Ramakrishnan Nair, a rider is provided to Ext.P5 order, wherein it is directed to terminate all the illegal appointments made as per Circular No.13/2011. In my considered opinion, in order to implement such an order, there should have been notices to the persons W.P.(C) No.25652 of 2014 : 4 : appointed to the post of part time Sweeper by the managing committee of the 4th respondent Bank. Such a requirement is a necessary corollary, since when the approval of appointment was sought for by the 4th respondent bank by forwarding a communication through the Assistant Registrar (General), as per Ext.P2 communication dated 12.12.2011, informed that no such requirement is necessitated since the appointments of the petitioners were made prior to Circular No.13/2011. Naturally, the petitioners as well as the 4th respondent Society were under the bona fide impression that the appointments of the petitioners are regular and in order. It was all on a sudden Ext.P5 order was issued by the Joint Registrar to follow Circular 13/2011, and therefore, on receipt of Ext.P4 series of show cause notices, petitioners genuinely apprehended that there is every likelihood of coercive action being taken against them and terminating their services. These are the background facts under which the petitioners had to file this writ petition.
5. I find force in the contention raised by the petitioners in the writ petition that the petitioners were not provided with sufficient opportunity of hearing before passing Ext.P5 order by the Joint Registrar, and the consequential action initiated by the W.P.(C) No.25652 of 2014 : 5 : 4th respondent society, evident from Ext.P4 series of notice issued to the petitioners. Therefore, I quash Ext.P5, to the extent it is directing the 4th respondent to terminate the services of the part time Sweepers, in accordance with Circular No.13/2011 and the consequential notices issued as per Ext.P4 by the 4th respondent bank. Accordingly, there will be a direction to the 1st respondent to issue notices to the petitioners within one month from the date of receipt of a copy of this judgment, receive objections/representations from them within a time frame to be fixed by the 1st respondent and finalise the proceedings within four months from the date of receipt of a copy of this judgment. While this writ petition was admitted to the files of this Court, an interim order was granted against the termination of service of the petitioners. The said order will be in force, till such time the directions are complied with.
Writ petition is disposed of accordingly.
Sd/-
SHAJI P.CHALY JUDGE sm/