IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 38205 of 2010(A) -------------------------- PETITIONER(S): --------------- K.V.CICILY,W/O.K.C.DOMINIC,AGED 48 YEARS,BRANCH MANAGER,THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD,NO.K 399,PERUVA BRANCH. BY ADV. SMT.A.SREEKALA RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY IT'S SECRETARY TO GOVERNMENT,DEPARTMENT OF CO-OPERATION, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD.NO.K 399,KADUTHURUTHY,REP.BY IT'S GENERAL MANAGER. 3. THE BOARD OF DIRECTORS, THE KADUTHURUTHY URBAN CO-OPERATIVE BANK LTD.NO.K 399,KADUTHURUTHY,REP.BY IT'S PRESIDENT. 4. THE CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM. ADV. SRI.P.N.MOHANAN FOR R3 GOVERNMENT PLEADER SRI.P.M.MANOJ, FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.38205/2010 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE COPY OF JUDGMENT IN A.R.C.NO.162/2009 DATED 23.07.2010 EXT.P2. TRUE COPY OF THE MEMORANDUM OF APPEAL IN A.P.NO.71/2010 PENDING BEFORE THE 4TH RESPONDENT DT. 4.11.2010 EXT.P3. TRUE COPY OF THE NOTICE IN A.P.NO.71/2010 PENDING BEFORE THE 4TH RESPONDENT DATED 3.12.2010 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.38205 of 2010 ----------------------------------------- Dated this the 17th day of January, 2011 JUDGMENT The petitioner is an employee of the second respondent bank. She had filed Arbitration Case No.162 of 2009 in the Co- operative Arbitration Court claiming promotion as General Manager. By Ext.P1 award passed on 23.7.2010 the Co-operative Arbitration Court held that the petitioner is entitled to be promoted to the category of General Manager. The Co-operative Arbitration Court accordingly directed respondents 2 and 3 to promote her as General Manager. Aggrieved thereby respondents 2 and 3 filed an appeal before the Kerala Co-operative Tribunal. It is stated that the Tribunal has passed an interim order staying further proceedings pursuant to Ext.P1 award. The appeal is stated to be pending. The petitioner submits that she will retire from service on 31.3.2011 and unless the appeal before the Kerala Co-operative Tribunal is heard and disposed of expeditiously she will be put to serious prejudice. 2. Sri.P.N.Mohanan, learned counsel appearing for the W.P(C).No.38205 of 2010 -:2:- second respondent bank, submitted that the appeal filed by respondents 2 and 3 before the Kerala Co-operative Tribunal stands posted for hearing on 17.2.2011 in the camp sitting of the Tribunal at Ernakulam. In such circumstances as the petitioner is due to retire from service on 31.3.2011, I am of the opinion that the Kerala Co-operative Tribunal should endeavour to hear and dispose of the appeal in the camp sitting at Ernakulam on 17.2.2011 itself. I accordingly dispose of the writ petition with a direction to the Kerala Co-operative Tribunal to hear and dispose of A.P.No.71 of 2010 if notice has been served on all the respondents in the appeal, in the camp sitting proposed to be held at Ernakulam on 17.2.2011. If for any reason the camp sitting is not held the Tribunal shall issue notice to the parties, hear the appeal at its Headquarters and pass orders on the appeal before 28.2.2011. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.38205 of 2010 ---------------------------- JUDGMENT 17th January, 2011