IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 31ST MAY 2011 / 10TH JYAISHTA 1933 WP(C).No. 12243 of 2011(E) -------------------------- PETITIONER(S): --------------- T.K.DAVID, SECRETARY(UNDER DISMISSAL) KURUPPUMPADY SERVICE CO-OPERATIVE BANK LTD. NO.E 257, THOTTIPARAMBIL HOUSE,MEPRATHUPADY, VENGOLA.P.O., PIN-683554,ERNAKULAM DISTRICT. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------- 1. KURUPPUMPADY SERVICE CO-OPERATIVE BANK LTD.NO.E 257,KURUPPUMPADY.P.O.,PIN-683545. REPRESENTED BY ITS SECRETARY. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES(G) ERNAKULAM, COCHIN-16. 3. THE KERALA CO-OPERATIVE TRIBUNAL T.C.14/2057, UNIVERSITY.P.O., THIRUVANANTHAPURAM-34. ADV. SRI.P.K.VIJAYAMOHANAN FOR R1 SRI.ALAN PAPALI FOR R1 SRI.J.VIMAL FOR R1 GOVERNMENT PLEADER SRI.P.M.MANOJ FOR R2 AND R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C)No.12243/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1. TRUE PHOTOCOPY OF THE INTERIM ORDER IN W.P(C)NO.2471/2005 DATED 4.2.2005 EXT.P2. TRUE PHOTOCOPY OF THE JUDGMENT IN W.P(C)NO.9764/2009 DATED 26.3.2009 EXT.P3. TRUE PHOTOCOPY OF THE AWARD IN A.R.C.27/06 DATED 18.8.2010 OF THE ARBITRATION COURT. EXT.P4. TRUE PHOTOCPY OF THE A.P.78/2010 OF THE KERALA CO-OPERATIVE TRIBUNAL DATED 29.11.2010 EXT.P5. TRUE PHOTOCOPY OF THE A.P.81/2010 OF THE KERALA CO-OPERATIVE TRIBUNAL DATED 27.12.2010 EXT.P6. TRUE PHOTOCOPY OF THE ORDER ISSUED BY SECOND RESPONDENT DATED 13.1.2011 EXT.P7. TRUE PHOTOCOPY OF THE ORDER ISSUED BY SECOND RESPONDENT DATED 18.3.2000 / TRUE COPY / P.S.TO JUDGE P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.12243 of 2011 ----------------------------------------- Dated this the 31st May, 2011 JUDGMENT The petitioner is a former employee of the first respondent society. While he was working as Secretary of the society he was placed under suspension on 18.11.2002. A memo of charges was served on him and an enquiry was conducted. Based on the report of enquiry he was dismissed from service with effect from 20.3.2003. The appeal filed before the Board of Directors of the society was dismissed. After protracted litigation the petitioner filed A.R.C.No.27 of 2006 in the Co-operative Arbitration Court challenging the order dismissing him from service. By Ext.P3 award passed on 18.8.2010 the Co-operative Arbitration Court set aside the order of dismissal and directed reinstatement of the petitioner in a lower post. The Co-operative Arbitration Court also held that the petitioner will be entitled to subsistence allowance during the period from 18.11.2002 to 20.3.2003, the date of dismissal from service. Aggrieved thereby the first respondent W.P(C) NO.12243/2011 -:2:- society and its President have filed Appeal No.78 of 2010 before the Kerala Co-operative Tribunal. The petitioner has, aggrieved by the direction issued by the Co-operative Arbitration Court to reinstate him in service in a lower post, filed Appeal No.81 of 2010 in the Kerala Co-operative Tribunal. While matters stood thus the Joint Registrar of Co-operative Societies issued Ext.P6 order directing the first respondent bank to implement Ext.P3 award subject to the outcome of the appeals. This writ petition was thereupon filed challenging Ext.P6 and seeking a direction to respondents 1 and 2 to implement Ext.P3 award forthwith. 2. The respondents have been served and they have entered appearance. When the writ petition came up for hearing today Sri.P.P.Jacob, learned counsel appearing for the petitioner submitted that leaving open the contentions on the merits, the writ petition may be disposed of with a direction to the Kerala Co- operative Tribunal to dispose of Appeal Nos. 78/2010 (Ext.P4) and 81/2010 (Ext.P5) expeditiously. The learned counsel appearing for the first respondent society did not oppose the said submission. In such circumstances as nearly one year has passed after Ext.P3 award was passed and the appeals have been pending for W.P(C) NO.12243/2011 -:3:- the past five months, I dispose of the writ petition with a direction to the Kerala Co-operative Tribunal to dispose of Exts.P4 and P5 appeals with notice to both parties expeditiously and in any event within three months from the date on which the petitioner produces a certified copy of this judgment before the Tribunal. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.12243 of 2011 ---------------------------- JUDGMENT 31st May, 2011