IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 WP(C).No. 19814 of 2011(B) -------------------------- PETITIONER: --------------- RAJAN.A.MATHEWS, S/O.DAVIS MATHEWS, AGED 62, 45/2002, KARSHAKA ROAD, VADUTHALA P.O., ERNAKULAM DISTRICT. BY ADV. SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENTS: --------------- 1. KANJIRAPPALLI SERVICE CO-OPERATIVE BANK LTD.NO.2061 POST BOX NO.52 KANJIRAPPALLY 686507 KOTTAYAM DISTRICT REPRESENTED BY ITS SECRETARY. 2. THE COMMITTEE OF THE KANJIRAPPALLI SERVICE CO-OPERATIVE BANK LTD.NO.2061 POST BOX NO.52, KANJIRAPPALLY 686507 KOTTAYAM DISTRICT REPRESENTED BY ITS CHAIRMAN. 3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO CO-OPERATION SECRETARIAT, TRIVANDRUM 695 001. 4. CO-OPERATIVE ARBITRATION COURT TRIVANDRUM REPRESENTED BY ITS SHERISTADAR, TRIVANDRUM 695 001. BY SR.GOVT. PLEADER SRI.S.ABDUL SALAM SRI.K.K.CHANDRAN PILLAI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) No. 19814/2011 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KOTTAYAM EXT.P2 : COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.C. NO.3352 OF 2002 DATED 4.2.2002 EXT.P3 : COPY OF THE JUDGMENT IN W.P.C. NO.18749 OF 2004 EXT.P4 : COPY OF ARBITRATION CASE NO.34 OF 2005 FILED BEFORE THE 4TH RESPONDENT EXT.P5 : COPY OF THE ARBITRATION CASE NO.23 OF 2006 FILED BEFORE THE 4TH RESPONDENT EXT.P6 : COPY OF THE WRITTEN STATEMENT FILED BY THE RESPONDENTS 1 AND 2 TO EXHIBIT P4 EXT.P7 : COPY OF THE WRITTEN STATEMENT FILED TO EXHIBIT P5 EXT.P8 : COPY OF THE NOTES OF ARGUMENT FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.A. TO JUDGE vps P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 19814 OF 2011 -------------------------- Dated this the 25th day of July, 2011 J U D G M E N T The petitioner was the secretary of the first respondent bank, a co-operative society registered under the Kerala Co-operative Societies Act, 1969. He was suspended from service on 14.8.1990. Later, memo of charges was issued, an enquiry was conducted and he was removed from service with effect from the date of the order of suspension. On appeal, the punishment was modified as compulsory retirement. After protracted litigation, the matter reached this Court when the bank filed W.P.(C) No. 18749 of 2004 challenging the orders passed by the Joint Registrar of Co-operative Societies and the Government. By Ext.P3 judgment delivered on 24.6.2005, this Court set aside the said orders and directed the petitioner to appear before the appellate committee on 28th June, 2005. The appellate committee passed an order dated 30.6.2005 dismissing the petitioner from service. By then, the petitioner had attained the age of superannuation. Aggrieved thereby, the petitioner has filed ARC No.34 of 2005 before the Co-operative Arbitration Court, Thiruvananthapuram. The petitioner has also filed ARC No.23 of 2006, before the Co-operative Arbitration Court, WPC No.19814/2011 2 Thiruvananthapuram regarding the payment of subsistence allowance. This writ petition is filed contending that though more than 6 years have passed after the petitioner instituted ARC No.34 of 2005 challenging the order dismissing him from service, till date, orders have not been passed thereon. In this writ petition, the petitioner seeks a direction to the Co-operative Arbitration Court to expeditiously dispose of ARC Nos.34 of 2005 and 23 of 2006. 2. I heard Sri.Johnson Manayani, learned counsel appearing for the petitioner, Sri.K.K.Chandran Pillai, learned Senior Advocate appearing for the first respondent and Sri.S.Abdul Salam, learned Government Pleader appearing for respondents 3 and 4. It is not in dispute that ARC Nos.34 of 2005 and 23 of 2006 are pending and that the said cases stand posted for hearing in the camp sitting of the Co-operative Arbitration Court on 10.8.2011. The materials on record disclose that the petitioner was suspended from service on 14.8.1990 and later dismissed from service. After Ext.P3 judgment of this Court which directed reconsideration of the matter, the manging committee of the bank issued fresh orders on 30.6.2005 dismissing the petitioner from service. More than 6 years have passed thereafter. In the meanwhile the petitioner also attained the age of WPC No.19814/2011 3 superannuation. In such circumstances, I am of the opinion that the petitioner is entitled to have the arbitration cases filed by him expeditiously disposed of. I accordingly dispose of the writ petition with a direction to the Co-operative Arbitration Court, Thiruvananthapuram to dispose of ARC Nos.34 of 2005 and 23 of 2006 filed by the petitioner after hearing the learned counsel on both sides if possible on 10.8.2011 itself and in any event within a period of three months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, (JUDGE) vps