IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 25TH AUGUST 2009 / 3RD BHADRA 1931 WP(C).No. 12929 of 2009(I) -------------------------- PETITIONER(S): ----------------- THE BOARD OF DIRECTOR OF KLAPPANA KSHEEROTPADAKA SAHAKARANA SANGHAM LTD., NO. Q 45 (D) APCOS REPRESENTED BY ITS PRESIDENT, P.R. NARAYANAN NAIR, PRAYAR SOUTH, ALUMPEEDIKA P.O., KOLLAM DIST. BY ADV. SRI.V.G.ARUN RESPONDENT(S): ------------------- 1. THE DIRECTOR OF DAIRY DEVELOPMENT, 2. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, OFFICE OF THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, KOLLAM. 3. K. GOPALAKRISHNA PILLAI, CHAKKOOR, THARAYIL PRAYAR SOUTH, ALUMPEEDIKA P.O., KOLLAM. 4. KLAPPANA MILK PRODUCES CO-OPERATIVE SOCIETY LTD., Q 45 (D) APCOS REPRESENTED BY ITS SECRETARY, PRAYAR SOUTH, ALUMPEEDIKA P.O., KOLLAM DIST. PIN 690 547. ADV. SRI.P.B.SAHASRANAMAN FOR R3 SRI.T.S.HARIKUMAR FOR R3 SRI.K.JAGADEESH FOR R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.12929/09 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE AWARD IN ARC NO.83/2004 OF THE CO- OPERATIVE ARBITRATION COURT. EXT.P2: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE KERALA CO-OPERATIVE TRIBUNAL. EXT.P3: TRUE COPY OF THE STAY PETITION IS NUMBERED AS IA NO.238/2008. EXT.P4: TRUE COPY OF THE REPLY DT 11.3.2009. EXT.P5: TRUE COPY OF THE 2ND RESPONDENT NOTICE UNDER SECTION 32 OF THE KERALA CO-OPERATIVE SOCIETIES ACT, 1969. EXT.P6: TRUE COPY OF THE REPLY DT 21.4.2009 //TRUE COPY// PA TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 12929 OF 2009 (I) ===================== Dated this the 25th day of August, 2009 J U D G M E N T Heard both sides. 2. The challenge in this writ petition is against Ext.P5, a notice issued by the 1st respondent proposing action against the petitioner under Section 32 of the Kerala Co-operative Societies Act. It is stated that the 3rd respondent was the Secretary of the 4th respondent Society. Disciplinary proceedings were initiated against him and finally his services were terminated. He raised a dispute, in which an award was passed directing his reinstatement with backwages. Aggrieved by the said award, the 4th respondent filed RP No.119/08 before the Kerala Co-operative Arbitration Tribunal along with IA No.238/08 seeking stay of the award. It is stated that while orders on the interlocutory application were awaited, Ext.P5 notice was issued by the 1st respondent directing the Society to reinstate the 3rd respondent and informing that on their failure, proceedings under Section 32 will be initiated. It was thereupon that this writ petition was filed. 3. Now, it is reported by the counsel for the petitioner WPC 12929/09 :2 : that the revision itself has been heard by the Tribunal and the matter now stands posted to 28/8/2009 for final disposal. 4. In view of the aforesaid development, I think, without getting into the merits of the controversies raised by the petitioner, the writ petition can be disposed of directing that further proceedings pursuant to Ext.P5 be deferred in the meanwhile. 5. Accordingly, I dispose of this writ petition with the following direction. That further proceedings pursuant to Ext.P5 shall be deferred, until the Tribunal pronounces its judgment in RP No.119/08 filed by the 4th respondent against the award in ARC No.83/04. ANTONY DOMINIC, JUDGE Rp