Quashed

Sunil Kumar T. v. the Joint Registrar of Co-Operative Societies (General)

Kerala HC20 May 2022WP(C)/5048/2022

Case brief

AI extract

What is this about?

A High Court Division quashed the order of the Joint Registrar attempting to revert the petitioner to a previous post and promote another employee, holding the Registrar lacked jurisdiction over non-monetary disputes.

What did the court decide?

Ext.P3 order quashed. Petitioner permitted to continue in present post. Right of 4th respondent to approach jurisdictional forum reserved.

Sunil Kumar T. Vs the Joint Registrar of Co-Operative… — Cooperative Societies | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 20THDAY OF MAY 2022 / 30TH VAISAKHA,1944
WP(C) NO. 5048 OF 2022

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PETITIONER:

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SUNIL KUMAR T.

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ACCOUNTANT, KULAKKADA SERVICE CO-OPERATIVE BANK
LTD.NO.4299, THAZHATHUKULAKKADA POST, PIN - 691 507,
KOTTARAKKARA, KOLLAM DISTRICT, RESIDING AT 'MAYOOGHAM',
KULAKKADA EAST POST, PIN - 691 521, KOLLAM DISTRICT.

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BY ADVS.
M.SASINDRAN
P.SHAHEED

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RESPONDENTS:

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1 THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KOLLAM, PIN - 691 001.

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2 KULAKKADA SERVICE CO-OPERATIVE BANK LTD.NO.4299 THAZHATHUKULAKKADA POST, KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691 521, REPRESENTED BY ITS SECRETARY.

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3 THE BOARD OF DIRECTORS OF THE KULAKKADA SERVICE CO-OPERATIVE BANK LTD.NO.4299 THAZHATHUKULAKKADA POST, PIN - 691 521, KOTTARAKKARA, KOLLAM DISTRICT, REPRESENTED BY ITS PRESIDENT.

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4MANJU R.NAIR
SENIOR CLERK, KULAKKADA SERVICE CO-OPERATIVE BANK
LTD.NO.4299, THAZHATHUKULAKKADA POST, PIN - 691 521,
KOTTARAKKARA, KOLLAM DISTRICT.

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BY ADVS.
B.MOHANLAL
ADITHYA RAJEEV
T.R.HARIKUMAR(K/000295/1992)
ARJUN RAGHAVAN(K/1277/2012)
P.S.PREETHA

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W.P.(C) No. 5048 of 2022

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MANSOOR ALI

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SMT SURYA BINOY, SR GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No. 5048 of 2022

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JUDGMENT

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Ext.P3 order passed by the Joint Registrar on 10.2.2022 is under challenge in this Writ Petition. By the said order, the Registrar has issued directions to the 2nd respondent Society to revert the petitioner to the post of Senior Clerk and promote the 4th respondent in that place.

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Sri. M Sasindran, the learned counsel appearing for the petitioner submitted that Ext.P3 order cannot be sustained under law as, by virtue of Section 69(h), the Registrar has jurisdiction to entertain only monetary disputes. Relying on Prakashini v. Joint Registrar [2006 (1) KLT 199], it is submitted that after 2.1.2003, only the Arbitration Court can adjudicate non-monetary disputes and Rule 176 of the KCS Rules cannot be invoked to resolve seniority disputes.

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I have heard Sri. B. Mohanlal, the learned counsel appearing for the 3rd respondent, Sri. Adhithya Rajeev, the learned counsel appearing for the

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4th respondent and the learned Government Pleader.

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Having considered the submissions, I find that Ext.P3 order has been issued by the Assistant Registrar ordering the Society to revert the

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W.P.(C) No. 5048 of 2022

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petitioner to the post of Senior Clerk and further directions have been issued to promote the 4th respondent. In the light of the statutory provisions and the law laid down by this Court, Ext.P3 cannot be sustained under law. The Registrar has no jurisdiction to interfere in non-monetary disputes. In that view of the matter, Ext.P3 cannot be sustained under law.

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In view of the discussion above, Ext.P3 will stand quashed. The 2nd respondent is directed to permit the petitioner to continue in the present post. However, the right of the 4th respondent to approach the jurisdictional forum for redressal of her grievance will stand reserved.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V,

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JUDGE

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Sru

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W.P.(C) No. 5048 of 2022

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APPENDIX OF WP(C) 5048/2022

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PETITIONER EXHIBITS

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`Exhibit P1`	`A TRUE COPY OF THE RELEVANT EXTRACTS FROM THE` `RESOLUTION DATED 10/07/2019 OF THE 3RD` `RESPONDENT.`
`Exhibit P2`	`A TRUE COPY OF THE REPLY DATED 11/02/2022` `ISSUED BY THE SECRETARY TO THE PETITIONER,` `FURNISHING THE DETAILS OF PROMOTION OF THE` `PETITIONER.`
`Exhibit P3`	`A TRUE COPY OF HE ORDER NO.N121/2022 DATED` `10/02/2022 ISSUED BY THE FIRST RESPONDENT JOINT` `REGISTRAR TO THE 2ND RESPONDENT SOCIETY`

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RESPONDENTS EXHIBITS : NIL

Sunil Kumar T. v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

Sunil Kumar T. v. the Joint Registrar of Co-Operative Societies (General)

Case brief

What is this about?

What did the court decide?

What the court decided

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