IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 WP(C).No. 30005 of 2010(A) -------------------------- PETITIONER(S): --------------- E.A.ABRAHAM, S/O.E.C.ABRAHAM, THEKKANAMALAYIL, KUNNAMTHANAM P.O., THIRUVALLA (FORMERLY SENIOR CLERK, THIRUVALLA EAST CO-OPERATIVE BANK LTD. NO.3260, H.O.ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA. BY ADV. SRI.S.SUBHASH CHAND SRI.T.NIKLAVU RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, PATHANAMTHITTA. 2. THE THIRUVALLA EAST CO-OPERATIVE BANK LTD. NO.3260, H.O.ERAVIPEROOR, THIRUVALLA REPRESENTED BY ITS GENERAL MANAGER. 3. THE MANAGING COMMITTEE, THE THIRUVALLA EAST CO-OPERATIVE BANK LTD.NO.3260, H.O.ERAVIPEROOR, THIRUVALLA REPRESENTED BY ITS PRESIDENT. ADV. SRI.P.HARIDAS FOR R2,3 SMT.S.SIKKY FOR R2,3 SRI. K.C. SANTHOSHKUMAR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 30005 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of October, 2010 J U D G M E N T The petitioner was an employee of the second respondent. While he was in service disciplinary proceedings were initiated against him and that culminated in Ext.P2 order. As per Ext.P2 order he was dismissed from the service. The petitioner challenged the same before this Court by filing WPC No. 4826/2008. Taking into account the fact that there is alternative efficacious remedy, this Court disposed of the said writ petition, relegating the petitioner to resort to avail the alternative remedy. Accordingly, the petitioner filed ARC No.147/2008. Ext.P4 award was then passed thereon. As per Ext.P4 award, the entire disciplinary proceedings initiated against the petitioner were set aside. The 3rd respondent herein/first defendant therein was directed to reinstate the petitioner in service with effect from the date of suspension without any service break and with full back wages. Aggrieved by the failure on the part of the respondents 2 and 3 in implementing Ext.P2 award the WPC.No.30005/2010 : 2 : petitioner has preferred execution petition before the first respondent under Section 76(c) read with Rule 74(1) of the Kerala Co-operative Societies Rules. Ext.P5 is the execution petition. This writ petition has been filed on being aggrieved by the inordinate delay in the matter of disposal of Ext.P5. 2. I have heard the learned counsel for the petitioner and also the learned counsel for the respondents 2 and 3 and the learned Government Pleader. 3. Learned counsel for the respondents 2 and 3 would submit that they had already preferred an appeal before the Co-operative Arbitration Tribunal as AP No.15/2010 and it is pending. The learned counsel for the petitioner submits that the Co-operative Arbitration Tribunal did not grant any stay in the appeal preferred by the respondents 2 and 3. In view of the fact that the petitioner has already preferred Ext.P5 execution petition before the first respondent, the first respondent is having the bounden duty to dispose of the same in accordance with law. Therefore without making any observation as to the merits of the rival contentions, this writ petition is disposed of WPC.No.30005/2010 : 3 : with a direction to the first respondent to consider Ext.P5 and pass orders thereon in accordance with law. This shall be done expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge