WP(C) NOS. 15612 & 15625 OF 2024 1 2025:KER:29620 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 15612 OF 2024 PETITIONERS: 1 SREEJESH V.A AGED 44 YEARS S/O. APPUKUTTA KURUP,ATTENDER, SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299, SULTHANBATHERI P.O., WAYANAD, PIN - 673592 2 KAVITHA G AGED 42 YEARS D/O. GOPALAN, PEON, SULTHAN BATHERY TALUK PRIMARY CO- OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299, SULTHANBATHERI P.O., WAYANAD, PIN - 673592 3 BABU V.J. AGED 43 YEARS S/O.V.K. JOSEPH, RECORD KEEPER, SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299, SULTHANBATHERI P.O., WAYANAD., PIN - 673592 BY ADVS. LIJI.J.VADAKEDOM ATHUL V. VADAKKEDOM RESPONDENTS: 1 SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299 SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299 REPRESENTED BY ITS SECRETARY, SULTHANBATHERI P.O., WAYANAD, PIN - 673592 2 THE MANAGING COMMITTEE OF SULTHAN BATHERY TALUK PRIMARY CO- OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299 REPRESENTED BY ITS PRESIDENT, SULTHANBATHERI P.O., WAYANAD, WP(C) NOS. 15612 & 15625 OF 2024 2 2025:KER:29620 PIN - 673592 BY ADV P.U.SHAILAJAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH WP(C).15625/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 15612 & 15625 OF 2024 3 2025:KER:29620 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 15625 OF 2024 PETITIONERS: 1 ANU NAIR.K AGED 43 YEARS PEON, SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299, P.O.SULTHANBATHERI, WAYANAD., PIN - 673592 2 JIBITHA.C.G, AGED 36 YEARS PEON, SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299, P.O.SULTHANBATHERI, WAYANAD., PIN - 673592 3 VIJESH.N.M AGED 42 YEARS ATTENDER, SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299, P.O.SULTHANBATHERI, WAYANAD., PIN - 673592 BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO RESPONDENTS: 1 SULTHAN BATHERY TALUK PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.W.299, P.O.SULTHANBATHERI, WAYANAD. REPRESENTED BY ITS SECRETARY., PIN - 673592 2 THE MANAGING COMMITTEE OF SULTHAN BATHERY TALUK PRIMARY CO- OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK WP(C) NOS. 15612 & 15625 OF 2024 4 2025:KER:29620 LTD.NO.W.299, P.O.SULTHANBATHERI, WAYANAD, REPRESENTED BY ITS PRESIDENT., PIN - 673592 BY ADV P.U.SHAILAJAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, ALONG WITH WP(C).15612/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NOS. 15612 & 15625 OF 2024 5 2025:KER:29620 JUDGMENT The two writ petitions have been filed for almost identical prayers, which are as under: a. Call for the records leading to issue Ext. P14 and quash the same by issuing a writ of certiorari or any other appropriate writ order or direction. b. declare that the 2nd respondent managing committee has no power to review an appointment made by a competent authority, 9 years back, as and when managing committee changed in the election. c. declare that there cannot be any termination simplicitor in the case of regular employee of a co-operative bank without any statutory backing. d. For a direction to dispense with filing of the translation of vernacular documents. e. Grant such other relief as this Hon’ble Court may deem fit and proper in the circumstances of the case. 2. The relief sought by the petitioners, who are employees of the 1st respondent society, is against the society, which is not a State under Article 12 of the Constitution of India, and therefore, a writ petition would not be maintainable against such a society. Even otherwise, under Section 69(2)(b) of the Kerala Co- operative Societies Act, 1969, the remedy in respect of the service matter is before the Co-operative Arbitration WP(C) NOS. 15612 & 15625 OF 2024 6 2025:KER:29620 Court and on this ground also, writ petitions are not maintainable. 3. In view thereof, these writ petitions are disposed of, with liberty to the petitioners to approach the Co-operative Arbitration Court for their grievance within a period of three weeks from today, and if the petitioners approach the Arbitration Court with an appropriate case along with the application for interim relief, they shall not be removed from service till the Arbitration Court takes up the application for interim relief filed by the petitioners and decide the same. With the aforesaid observation and liberty, the present writ petitions are disposed of. Sd/- D. K. SINGH JUDGE AP WP(C) NOS. 15612 & 15625 OF 2024 7 2025:KER:29620 APPENDIX OF WP(C) 15625/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER DATED 30.05.2014 OF THE APEX BANK Exhibit P2 TRUE COPY OF THE RANK LIST PUBLISHED BY THE BANK DATED 20.10.2014 Exhibit P3 TRUE COPY JUDGMENT DATED 15.07.2015 IN W.P.(C).NO.18745/2015 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 04.09.2018 IN W.A.NO.2601/2017 Exhibit P5 TRUE COPY OF THE ORDER DATED 18.06.2013 OF THE JOINT REGISTRAR Exhibit P6 TRUE COPY OF THE POSTS SANCTION ORDER DATED 29.03.2014 OF THE BANK Exhibit P7 TRUE COPY OF THE ORDER DATED 25.02.2014 OF THE JOINT REGISTRAR Exhibit P8 TRUE COPY OF THE ORDER DATED 03.03.2014 OF THE JOINT REGISTRAR Exhibit P9 TRUE COPY OF THE ORDER DATED 27.07.2015 OF THE BANK IN RESPECT OF THE PETITIONERS Exhibit P10 TRUE COPY OF THE ORDER DATED 09.10.2019 OF THE STATE VIGILANCE Exhibit P11 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 18.06.2019 Exhibit P12 TRUE COPY OF THE JUDGMENT DATED 14.03.2024 IN W.P.(C).NO.15308/2019 Exhibit P13 TRUE COPY OF THE OBJECTION DATED 25.03.2024 FILED BY THE FIRST PETITIONER Exhibit P14 TRUE COPY OF THE ORDER DATED 08.04.2024 OF THE SECOND RESPONDENT WP(C) NOS. 15612 & 15625 OF 2024 8 2025:KER:29620 RESPONDENT EXHIBITS EXHIBIT R1(B) TRUE COPY OF THE ORDER DATED 27.7.2015 ISSUED BY THE PRESIDENT OF THE SULTHAN BATHERY PCARD BANK EXHIBIT R1(E) TRUE COPY OF THE BALANCE SHEET ALONG WITH THE AUDIT REPORTS FOR THE YEAR 2013-14 OF THE SULTHAN BATHERY PCARD BANK EXHIBIT R1(F) TRUE COPY OF THE BALANCE SHEET ALONG WITH THE AUDIT REPORTS FOR THE YEAR 2014-15 OF THE SULTHAN BATHERY PCARD BANK EXHIBIT R1(I) TRUE COPY OF THE ORDER DATED 17.6.2019 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, WAYANAD WITH TRNSLATION EXHIBIT R1(A) TRUE COPY OF THE ORDER DATED 30.3.2015 ISSUED BY THE PRESIDENT OF THE SULTHAN BATHERY PCARD BANK WITH TRANSLATION EXHIBIT R1(C) TRUE COPY OF THE ORDER DATED 26.2.2014 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES WITH TANSLATION EXHIBIT R1(D) TRUE COPY OF THE ORDER DATED 5.8.2016 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES WITH TRANSLATION EXHIBIT R1(G) TRUE COPY OF THE ORDER NO.CRB 4432/17 DATED 4.1.2019 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, WAYANAD WITH TRANSLATION EXHIBIT R1(H) TRUE COPY OF THE ORDER DATED 4.12.2017 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, WAYANAD WITH TANSLATION WP(C) NOS. 15612 & 15625 OF 2024 9 2025:KER:29620 APPENDIX OF WP(C) 15612/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 30.05.2014 OF THE APEX BANK Exhibit P2 A TRUE COPY OF THE RANK LIST PUBLISHED BY THE BANK DATED 20.10.2014 Exhibit P3 A TRUE COPY JUDGMENT DATED 15.07.2015 IN W.P.(C).NO.18745/2015 BEFORE THIS HONOURABLE COURT Exhibit P4 A TRUE COPY OF THE JUDGMENT DATED 4.9.2018 IN W.A.NO.2601/2017 BEFORE THIS HONOURABLE COURT Exhibit P5 A TRUE COPY OF THE ORDER DATED 18.06.2013 OF THE JOINT REGISTRAR Exhibit P6 A TRUE COPY OF THE POSTS SANCTION ORDER DATED 29.03.2014 OF THE BANK Exhibit P7 A TRUE COPY OF THE ORDER DATED 25.02.2014 OF THE JOINT REGISTRAR Exhibit P7(a) THE COPY OF THE ORDER DATED 26.2.2014 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES Exhibit P8 A TRUE COPY OF THE ORDER DATED 03.03.2014 OF THE JOINT REGISTRAR Exhibit P9 A TRUE COPY OF THE ORDER DATED 27.07.2015 OF THE BANK IN RESPECT OF THE PETITIONERS 2 AND 3 Exhibit P9(a) THE COPY OF THE APPOINTMENT ORDER DATED 13.6.2016 ISSUED IN RESPECT OF 1ST PETITIONER Exhibit P10 A COPY OF THE JUDGMENT DATED 19.1.2015 IN W.P.(C) NO. 9446/2014 OF THIS HONOURABLE COURT Exhibit P11 THE COPY OF THE ORDER NO.CLT(3) 6684/14 DATED 5.8.2016 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES Exhibit P12 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 18.06.2019 WP(C) NOS. 15612 & 15625 OF 2024 10 2025:KER:29620 Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED 14.03.2024 IN W.P.(C).NOS.15308/2019 AND 17209/2019 OF THIS HONOURABLE COURT Exhibit P13(a) A TRUE COPY OF THE OBJECTION DATED 25.03.2024 FILED BY THE 3RD PETITIONER Exhibit P14 A TRUE COPY OF THE ORDER DATED 08.04.2024 OF THE SECOND RESPONDENT RESPONDENT EXHIBITS EXHIBIT R1(A) TRUE COPY OF THE ORDER DATED 30.3.2015 ISSUED BY THE PRESIDENT OF THE SULTHAN BATHERY PCARD BANK EXHIBIT R1(B) TRUE COPY OF THE ORDER DATED 27.7.2015 ISSUED BY THE PRESIDENT OF THE SULTHAN BATHERY PCARD BANK EXHIBIT R1(C) TRUE COPY OF THE ORDER NO.10/2015 DATED 18.8.2015 ISSUED BY THE PRESIDENT OF THE SULTHAN BATHERY PCARD BANK EXHIBIT R1(D) TRUE COPY OF THE ORDER DATED 26.2.2014 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT R1(E) TRUE COPY OF THE ORDER DATED 5.8.2016 OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES EXHIBIT R1(F) TRUE COPY OF THE BALANCE SHEET ALONG WITH THE AUDIT REPORTS FOR THE YEAR 2013-14 OF THE SULTHAN BATHERY PCARD BANK EXHIBIT R1(G) TRUE COPY OF THE BALANCE SHEET ALONG WITH THE AUDIT REPORTS FOR THE YEAR 2014-15 OF THE SULTHAN BATHERY PCARD BANK EXHIBIT R1(H) TRUE COPY OF THE ORDER NO.CRB 4432/17 DATED 4.1.2019 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, WAYANAD EXHIBIT R1(I) TRUE COPY OF THE ORDER DATED 4.12.2017 OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, WAYANAD EXHIBIT R1(J) TRUE COPY OF THE ORDER DATED 17.6.2019 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES, WAYANAD