IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON FRIDAY, THE 2ND SEPTEMBER 2011 / 11TH BHADRA 1933 WP(C).No. 35362 of 2010(U) -------------------------------------- PETITIONER(S): ----------------------- T.ISSAC,S/O.THOMAS,KULAMBAYIL HOUSE, NEDUMKANDOM.P.O,IDUKKI DISTRICT. BY ADV. DR.PAULY MATHEW MURICKEN RESPONDENT(S): --------------------------- 1. DIRECTOR OF DIARY DEVELOPMENT DEPARTMENT THIRUVANANTHAPURAM-01 2. DEPUTY DIRECTOR OF DIARY DEVELOPMENT DEPARTMENT,IDUKKI AT THODUPUZHA-685584 3. NEDUMKANDOM KSHEEROPLADAKA SAHAKARANA SANGAM NO.1-3(D)APCOS,NEDUMKANDOM.P.O, IDUKKI,REPT.BY ITS SECRETARY.685553 4. THE PRESIDENT,NEDUMKANDOM KSHEEROLPADAKA SAHAKARANA SANGAM NO.1-3(D)APCOS,NEDUMKANDOM.P.O, IDUKKI.685553 GOVERNMENT PLEADER SRI.M.R.SABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35362 of 2010(U) APPENDIX PETITIONERS EXHIBITS: EXHIBIT P1: A TRUE PHOTOCOPY OF THE AWARD DATED 17.02.2010 PASSED BY THE HON'BLE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM IN A.R.C.NO.26/06. EXHIBIT P2: A TRUE PHOTOCOPY OF THE REQUEST DATED 13.10.2010 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXHIBIT P3: A TRUE PHOTOCOPY OF THE ACKNOWLEDGMENT DATED 13.10.2010 ISSUED BY THE 3RD RESPONDENT. EXHIBIT P4: A TRUE PHOTOCOPY OF THE PROCEEDINGS NO.C.2286/2010 DATED 20.10.2010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5: A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.11.2010 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A TO JUDGE P.R.RAMACHANDRA MENON, J. --------------------------------------------- W.P.(C). NO.35362 OF 2010 ---------------------------------------------- Dated this the 2nd day of September, 2011. JUDGMENT The petitioner was working as the Secretary of 3rd respondent Society with effect from 15.9.1981. While so, he was suspended from duty on 9.11.2001 alleging some mis conduct leading to the disciplinary proceedings; finally culminating in dismissal of service from 5.3.2002. The case of the petitioner is that the alleged shortage has been satisfied by the petitioner, remitting the due amount. It is stated that the petitioner is actually innocent of the charges levelled against him and that the dismissal was the subject matter of consideration before the Arbitration Court which culminated in Ext.P1 Award. As per Ext.P1, the punishment of dismissal was set aside and the case was decreed with costs, directing the defendant who is the third respondent herein to reinstate the petitioner in service as the Secretary of the defendant's Society with all service benefits including W.P.(C). NO.35362 OF 2010 2 the wages from the date of suspension. It is the case of the petitioner that Ext.P1 Award has become final. In spite of altering the departmental authorities to give effect to Ext.P1 Award, no positive steps have been taken, but for issuance of Ext.P4 by the second respondent to the third respondent, referring to Ext.P1 Award and to give effect to the same. 2. The learned Government Pleader appearing for the second respondent submits with reference to the counter affidavit filed, that the second respondent was intimated by third respondent Society that they had filed an appeal before the Co-operative Tribunal against Ext.P1 Award and hence further proceedings were deferred. The said counter affidavit is dated 6.12.2010. No further developments are brought to notice of this Court as to the pendency of the appeal, if any. So also, despite completion of the service of notice, there is no representation for the third respondent Society. In the said circumstances, this Court does not find W.P.(C). NO.35362 OF 2010 3 any reason to keep the matter pending. 3. The writ petition is allowed directing the second respondent to give effect to Ext.P1 Award, if the same has become final as on the date, by taking appropriate proceedings against the third respondent in accordance with law. The proceedings as above shall be finalised after giving notice to the third respondent Society and also to the petitioner, as expeditiously as possible, at any rate within three months from the date of receipt of a copy of this judgment. P.R.RAMACHANDRA MENON, JUDGE. mns