IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN MONDAY, THE 21ST JUNE 2010 / 31ST JYAISTHA 1932 WP(C).No. 13448 of 2010(E) ------------------------------------------ PETITIONER(S): --------------- 1. K.M.ISMAIL, (RETIRED SECRETARY,ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD.NO.E.87,ALWAYE), KAKKATT HOUSE,THOTTAKKATTUKARA,ALWAYE. 2. MARY P.J.,(RETIRED SECRETARY,ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD.NO.E.87, ALWAYE), MUREEKKAL HOUSE, THAMMANIMATTOM, RAMAMANGALAM P.O., AIKKARANADU SOUTH, ALWAYE. 3. V.S.THANKAMMA, (RETIRED RECOVERY OFFICER, ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD. NO. E.87, ALWAYE), AISWARYAM, SAHAKARANA ROAD, EDAPPALLY. 4. R.NARAYANASWAMI,(RETIRED ASSISTANT SECRETARY, ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD. NO. E.87, ALWAYE), PADMA NIVAS, THOTTAKKATTUKARA, ALWAYE. 5. M.M.SAINULABUDEEN,(RETIRED ASSISTANT SECRETARY, ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD.NO.E.87, ALWAYE), ANCHAMPARUTHI, MANDAM P.O., NORTH PARAVOOR. 6. S.SHEELA, (RETIRED BRANCH MANAGER, ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD. NO. E 87, ALWAYE), THUSHARA, ALWAYE, ERNAKULAM. 7. VISWANATHA MARAR, (RESIGNED JUNIOR CLERK, ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD. NO.E.87, ALWAYE), PADIKKAL MARATH, THURUTHISSERI, MEKKAD, ALWAYE. Kss .2/- ..2... WPC.NO.13448/2010 E 8. P.K.RAMAN, (RETIRED ASSISTANT SECRETARY, ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD. NO.E.87, ALWAYE), PUTHIYEDATH, PANANGAD, ERNAKULAM. 9. D.BALAKRISHNAN, (RETIRED RECORD KEEPER, ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD. NO.E.87, ALWAYE), KOLATTUVEEDU, AROOR P.O., ALAPPUZHA. BY ADVS. SRI.P.P.JACOB, SRI.T.P.GOPAKUMAR. RESPONDENT(S): ---------------------------- 1. THE ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL BANK LTD. NO.E.87, ALWAYE, REPRESENTED BY ITS SECRETARY. 2. THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OP. SOCIETIES (G), ERNAKULAM. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)/ARBITRATOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES,ALWAYE. R1 BY ADVS. SRI.SHAJI CHIRAYATH, SMT.JIJI M. VARKEY. R2 TO R4 BY GOVERNMENT PLEADER SRI. MUHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.13448/2010 E APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT TO THE SECOND PETITIONER DTD. 28/03/2008. P2: COPY OF THE REPLY ISSUED BY THE SECOND PETITIONER DTD. 5/04/08. P3: COPY OF THE A.R.C. 124/09 DTD. 7/09/09 FILED BY THE PETITIONERS. P4: COPY OF THE STAY PETITION I.A.NO.99/09 IN A.R.C. 124/09 FILED BY THE PETITIONERS DTD. 7/09/09. P5: COPY OF THE A.R.C. 156/09 DTD. 12/08/09 WITH SUMMONS. P6: COPY OF THE PETITION FILED BY THE SECOND PETITIONER BEFORE THE 4TH RESPONDENT DTD. 23/11/09. P7: COPY OF THE INTERIM ORDER IN I.A.49/09 IN ARC.65/09 DTD. 15/05/09. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.13448 of 2010 ------------------------------------------- Dated this the 21st of June, 2010 JUDGMENT The petitioners are retired employees of the first respondent, who have retired after long periods of service. Coercive action was initiated against the committee that was in administration of the Society, which had granted certain service benefits to the petitioners while they were in service. The action was initiated on the basis of certain observations made in a report under Section 65 of the Co- operative Societies Act. It is submitted by the counsel for the first respondent that there was also a consequential order entitling the first respondent to recover the said amount from the employees of the first respondent. It is submitted by the counsel for the petitioners that the disputes between the petitioners and the first respondent are now the subject matter of Arbitration Cases ARC No.156 of 2009 to 164 of 2009 which are pending before the 4th respondent as well as ARC Nos. 65 of 2009 and 122 of 2009 to 125 of 2009 pending before the second wpc No.13448/2010 2 respondent. 2. It is submitted by the counsel for the petitioners that since all these cases concern the same issue, pendency of these cases before different authorities would result in conflicting decisions. The counsel for the first respondent also agrees that all these cases are necessary to be tried by the second respondent so as to ensure that there is a full and complete adjudication of all the disputes. Therefore, in the interests of justice, it is necessary that all these cases are transferred to the second respondent. 3. In the above circumstances, this writ petition is disposed of directing the 4th respondent to transfer to the second respondent, the Co-operative Arbitration Court, Thiruvananthapuram ARC Nos.156 of 2009, 157 of 2009, 158 of 2009, 159 of 2009, 160 of 2009, 161 of 2009, 162 of 2009, 163 of 2009 and 164 of 2009 to be tried along with ARC Nos. 65 of 2009, 122 of 2009, 123 of 2009 and 124 of 2009 and 125 of 2009 in which the very same issues arise for consideration. The cases shall be transferred as directed above, within a period of two weeks. The second wpc No.13448/2010 3 respondent shall make every effort to consider these cases expeditiously and to see that these cases are finally disposed of, at any rate within a period of one year. K.SURENDRA MOHAN, JUDGE css/