IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 28TH MARCH 2011 / 7TH CHAITHRA 1933 WP(C).No. 9758 of 2011(T) ------------------------- AGAINST THE ORDER IN IA 69/2011 IN APNO..11/2011 of KERALA CO-OP.TRIBUNAL,TVM. .................... PETITIONER(S): --------------- GIRIJA DEVI,SECRETARY(UNDER ORDERS OF REINSTATEMENT),PAZHUVIL SERVICE CO-OPERATIVE BANK LTD.NO.126,THRISSUR. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------- 1. PAZHUVIL SERVICE CO-OEPERATIVE BANK LTD. NO.126,PAZHUVIL,THRISSUR,PIN-680564,REPRESENTED BY ITS SECRETARY-IN CHARGE. 2. THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM-23,REPRESENTED BY ITS SECRETARY. BY GOVERNMENT PLEADER SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.9758 of 2011 ----------------------------------------- Dated this the 28th March, 2011 JUDGMENT The petitioner was the Secretary of the first respondent society. She was placed under suspension pending disciplinary action. Thereafter the punishment of compulsory retirement from service was awarded to her. Aggrieved thereby the petitioner moved the Co-operative Arbitration Court by filing A.R.C.No.57 of 2006. By award passed on 16.11.2010 the Co-operative Arbitration Court set aside the order of compulsory retirement and directed the petitioner's reinstatement in service. The petitioner thereupon filed W.P(C)No.1948 of 2011 in this Court seeking implementation of that award and it is pending. 2. While matters stood thus the first respondent bank filed Ext.P3 appeal before the Kerala Co-operative Tribunal. That appeal was taken on file and numbered as Appeal Petition No.11 of 2011. In that appeal the first respondent filed I.A.No.69 of 2011 for an order staying the operation of the award passed by the Co-operative Arbitration Court. An ad-interim order directing W.P(C) NO.9758/2011 -:2:- the parties to maintain the status quo till 27.4.2011 was passed. The petitioner has, on coming to know of the said interim order, (Ext.P4) filed Ext.P5 application for vacating that order so as to enable her to seek reinstatement in service with backwages as ordered by the Co-operative Arbitration Court. This writ petition is filed contending that the Co-operative Tribunal has not so far considered Ext.P5 application and passed orders thereon. The petitioner submits that she will attain the age of superannuation on 31.5.2011 and unless Ext.P5 application is heard and disposed of expeditiously, she will be put to serious prejudice. 3. I heard Sri.P.P.Jacob, learned counsel appearing for the petitioner and Sri.P.C.Sasidharan, learned standing counsel appearing for the first respondent. The pleadings and the materials on record disclose that aggrieved by the award passed by the Co-operative Arbitration Court directing reinstatement of the petitioner in service with backwages, the first respondent bank/employer has filed Appeal Petition No.11 of 2011 in the Kerala Co-operative Tribunal. The Tribunal has by Ext.P4 order passed on 4.3.2011 directed both parties to maintain the status quo and posted the case for return of notice on 27.4.2011. The petitioner has besides filing Ext.P5 application to vacate that W.P(C) NO.9758/2011 -:3:- interim order, also moved for advancing the hearing of I.A.No.69 of 2011. It is not in dispute that the petitioner will attain the age of superannuation on 31.5.2011. After that date even if the petitioner were to succeed in the appeal she cannot claim actual reinstatement in service. In such circumstances I am of the opinion that the Tribunal should endeavour to consider the objections raised by the petitioner to I.A.No.69 of 2011 and pass appropriate orders thereon expeditiously. I accordingly dispose of the writ petition with a direction to the Kerala Co-operative Tribunal to advance the hearing of I.A.No.69 of 2011 with notice to the petitioner and the first respondent and pass orders on Ext.P5 application filed by the petitioner expeditiously and in any event within two weeks from today. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.9758 of 2011 ---------------------------- JUDGMENT 28th March, 2011