1 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 14882 OF 2024 PETITIONER: DELSON DAVIS.P., AGED 46 YEARS, S/O. P.A.DEVASSI, PELLISSERY HOUSE, ST. FRANCIS CONVENT ROAD, EAST FORT.P.O., THRISSUR, PIN – 680005. BY ADVS. M.SASINDRAN S.SHYAM KUMAR RESPONDENTS: 1 THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM, PIN – 695001. 2 JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THRISSUR, PIN – 680003. 3 THE THRISSUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R-306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT, REPRESENTED BY ITS SECRETARY-IN-CHARGE, PIN – 680001. BY ADVS. Nisha George GEORGE POONTHOTTAM (SR.)(K/000570/1979) BIMAL K. NATH – SENIOR GP 2 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, ALONG WITH WP(C).40321/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 3 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 40321 OF 2023 PETITIONERS: 1 THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R.306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT - 680001, REPRESENTED BY ITS SECRETARY-IN-CHARGE. 2 T.K.PORINCHU AGED 69 YEARS, PRESIDENT, THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R.306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT, PIN – 680001. 3 THE MANAGING COMMITTEE, THE TRICHUR DISTRICT CO-OPERATIVE HOSPITAL LIMITED NO. R.306, SHORNUR ROAD, THRISSUR, THRISSUR DISTRICT, PIN – 680001, REPRESENTED BY ITS PRESIDENT. BY ADVS. NISHA GEORGE GEORGE POONTHOTTAM (SR.) ANSHIN K. K RESPONDENTS: 1 DELSON DAVIS P PELLISSERY HOUSE, ST.FRANCIS CONVENT ROAD, EAST FORT.P.O, THRISSUR, PIN – 680005. 4 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 2 THE KERALA CO-OPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE, PIN – 673001. BY ADV. M. SASINDRAN PARVATHY KOTTOL – GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28.03.2025, ALONG WITH WP(C).14882/2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 5 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 D. K. SINGH, J. -------------------------- W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 ------------------------- Dated this the 28th day of March, 2025 JUDGMENT 1. These writ petitions have been filed impugning the Order passed by the Co-operative Arbitration Court (Northern), Kozhikode in ARC No. 42 of 2017 dated 06.06.2023 whereby the Tribunal had held that in view of the law laid down by the Division Bench of this Court in Kondanchery Service Co-operative Bank Ltd. v. Joshy Varghese [2020 (4) KLT 129] where it was held that the disciplinary action taken by the disciplinary sub-committee of the Society is beyond jurisdiction and, therefore, the punishment imposed on the Mr. Delson Davis P. (the petitioner in W.P.(C) No. 14882 of 2024 and the 1st respondent in W.P.(C) No. 40321 of 2023) was set aside and the arbitration case was allowed. 2. It is important to take note of the fact that when the said order was rendered by the Arbitration Court, reference was already pending against the Judgment of the Division Bench in the case of Kondenchery Service Co-operative Bank Ltd. (Supra). The Full Bench 6 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 has overruled the decision of the Division Bench in its Judgment in the case of Mattanur Co-operative Rural Bank Ltd. v. Co-operative Arbitration Court, Kozhikode [2023 KHC OnLine 541]. 3. The learned Counsel for the Co-operative Society submits that the matters which attained finality cannot be reopened on the ground of the Judgment of the Full Bench. I find no substance in the submission of the learned Counsel for the Co-operative Society. The matter was already referred for decision by the Full Bench against the view taken by the Division Bench in Kondenchery Service Co- operative Bank Ltd. (Supra). Therefore, the question whether the sub-committee has power to initiate disciplinary proceedings against an employee was very much alive before the Full Bench of this Court and the Full Bench has overruled the decision of the Division Bench. 4. Even otherwise, impugning the order of the Arbitration Court dated 06.06.2023 the petitioner has approached this Court in the writ petition; W.P.(C) No. 14882 of 2024 within a short period of time. Therefore, it cannot be said that the matter has attained finality and, therefore, it cannot be reopened. The petitioner has remedy of filing the appeal and coming to this Court and, therefore, I find no 7 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 substance in the submission advanced by the learned Counsel for the Co-operative Society. Thus, the present writ petitions are hereby allowed and the impugned order passed by the Arbitration Court is set aside and the matter is remanded back to the Arbitration Court to decide the case on merit in accordance with the law expeditiously. Sd/- D. K. SINGH JUDGE Svn 8 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 APPENDIX OF WP(C) 40321/2023 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 19.09.2014 ISSUED BY THE PRESIDENT OF THE 1ST PETITIONER HOSPITAL EXHIBIT-P2 TRUE COPY OF THE REPLY DATED 29.09.2014 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE 2ND PETITIONER. EXHIBIT-P3 TRUE COPY OF THE SUSPENSION ORDER NO.TDCH(237)2014-15 DATED 29.09.2014 ISSUED BY THE PRESIDENT OF THE HOSPITAL EXHIBIT-P4 TRUE COPY OF THE CHARGE MEMO DATED 05.11.2014 ISSUED BY THE CHAIRMAN OF THE DISCIPLINARY SUB- COMMITTEE EXHIBIT -P5 TRUE COPY OF THE ADDITIONAL CHARGE MEMO DATED 10.01.2015 ISSUED BY THE CHAIRMAN OF THE DISCIPLINARY SUB-COMMITTEE EXHIBIT-P6 TRUE COPY OF THE ADDITIONAL CHARGE MEMO DATED 04.05.2015 ISSUED BY THE CHAIRMAN OF THE DISCIPLINARY SUB-COMMITTEE EXHIBIT-P7 THE ENQUIRY OFFICER SUBMITTED A DETAILED REPORT BEFORE THE DISCIPLINARY SUB-COMMITTEE. TRUE COPY OF THE ENQUIRY REPORT DATED 01.01.2016 EXHIBIT-P8 TRUE COPY OF THE ORDER NO.TDCH(380) 2015-16 DATED 16.02.2016 ISSUED BY THE CHAIRMAN OF THE DISCIPLINARY COMMITTEE EXHIBIT-P9 TRUE COPY OF THE DECISION NO.1 DATED 11.06.2016 PASSED BY THE MANAGING COMMITTEE OF THE HOSPITAL DISMISSING THE APPEAL ALONG WITH COMMUNICATION DATED 13.06.2016 OF THE SECRETARY IN CHARGE. 9 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 EXHIBIT -P10 TRUE COPY OF THE ORDER DATED 06.05.2023 OF COOPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE IN ARC NO. 42 OF 2017 10 W.P.(C) Nos. 14882 of 2024 & 40321 of 2023 2025:KER:27782 APPENDIX OF WP(C) 14882/2024 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 29.9.2014 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 A TRUE COPY OF THE ORDER OF DISMISSAL DATED 16.02.2016 ISSUED BY THE 3RD RESPONDENT EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 06.06.2023 IN ARC 42/2017 OF THE CO-OPERATIVE ARBITRATION COURT (NORTHERN) KOZHIKODE EXHIBIT P4 A TRUE COPY OF THE NOTIFICATION ISSUED BY THE 3RD RESPONDENT DATED 03.04.2024