IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 9TH NOVEMBER 2010 / 18TH KARTHIKA 1932 WP(C).No. 33326 of 2010(M) ----------------------------------------- PETITIONER(S): ----------------------- M.T. THOMAS, AGED 63 YEARS, SON OF THOMAS, RETIRED GENERAL MANAGER, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, KOTTAYAM-686 001, RESIDING AT MULAKUPPADAM HOUSE, INDUSTRIAL NAGAR P.O., CHANGANACHERRY-6. BY ADV. SRI.H.B.SHENOY, SRI.B.ASHOK SHENOY, SRI.ABU MATHEW, SRI.SOBHAN GEORGE, SRI.K.V.GEORGE. RESPONDENT(S): -------------------------- 1. CO-OPERATIVE ARBITRATION COURT, VANCHI POOR FUND ROAD, PAZHAVANGADI, FORT P.O., THIRUVANANTHAPURAM-695 023. 2. KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD. REPRESENTED BY ITS GENERAL MANAGER, HEAD OFFICE, DISTRICT CO-OPERATIVE BANK BUILDINGS, KOTTAYAM- 686 001. 3. KOTTAYAM DISTRICT COOPERATIVE BANK EMPLOYEES WELFARE FUND, REPRESENTED BY ITS SECRETARY-TREASURER, KOTTAYAM DISTRICT CO-OPERATIVE BANK LTD., HEAD OFFICE, DISTRICT CO-OPERATIVE BANK BUILDINGS, KOTTAYAM-686 001. R1 BY GOVT. PLEADER MR.K.C. SANTHOSH KUMAR. R2 BY ADV. SRI.T.A.SHAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2010, ALONG WITH WPC NO. 33334 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). Nos.33326 & 33334 OF 2010 -------------------------------------------- Dated this the 9th day of November, 2010 JUDGMENT Since common issues involve in these Writ Petitions, they were heard jointly and are disposed of by this common judgment. 2. The petitioners are the retired employees of the second respondent-Bank. The grievance of the petitioners pertains to the non- disbursement of balance amount of gratuity payable to them. In W.P.(C). NO.33326/2010, the petitioner has filed ARC.Nos.63 and 64 of 2006 which are respectively produced as Exts.P1 and P3. In W.P.(C). NO.33334/2010, the petitioner has preferred ARC.No.62/2006. According to the petitioners, final hearing on Exts.P1 & P3 in W.P.(C). NO.33326/2010 and Ext.P1in W.P.(C).NO.33334/2010 was conducted as early as on 9.6.2009 and despite the lapse of more than a year, no final orders have been passed thereon. It is in the said circumstances that the petitioners have approached this Court by filing the above Writ Petitions. 3. I have heard learned counsel for the petitioners, learned counsel for the second respondent and also the learned Government Pleader. The learned Government Pleader, upon instructions, submitted W.P.(C) Nos.33326 & 33334 of 2010 2 that on account of subsequent developments, a re-hearing of the above arbitration cases is essential and the concerned arbitration cases would be posted for re-hearing and would be disposed of within a period of three months. In view of the said submission, I am of the view that it would be un-necessary to consider the contentions raised in these Writ Petitions. Accordingly, these Writ Petitions are disposed of as hereunder:- The first respondent shall post ARC Nos.62, 63 and 64 of 2006 for re-hearing. The petitioners and the second respondent shall be afforded with an opportunity of hearing. Based on such hearing, final orders shall be passed in the arbitration cases expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) Nos.33326 & 33334 of 2010 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) Nos.33326 & 33334 of 2010 4