IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 27TH JULY 2011 / 5TH SRAVANA 1933 WP(C).No. 20371 of 2011(V) ------------------------------------------ PETITIONER(S): ------------------------ K.K.RUGHMINI AMMA, AGED 56, W/O.VENUGOPAL, KRISHNA VIHAR, MUTHALIYAR MADOM, THODUPUZHA EAST P.O., IDUKKI DISTRICT. BY ADV. SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-695 001. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PAINAVU P.O., IDUKKI DISTRICT - 685 580. 3. THE PUTHUPERIYARAM SERVICE CO-OPERATIVE BANK LTD. NO.E55, PUTHUPARIYARAM P.O., THODUPUZHA, REPRESENTED BY ITS SECRETARY - 685 585. 4. THE CO-OPERATIVE ARBITRATION COURT TRIVANDRUM (CAMP SITTING AT ERNAKULAM) REPRESENTED BY ITS SHERISTADAR - 695 001. R1,R2 & R4 BY SR. GOVERNMENT PLEADER SRI. S. ABDUL SALAM R3 BY ADV. SRI. MANU GOVIND SRI A. JAYASANKER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.20371/2011 V APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE PETITION FILED UNDER RULE 176 OF THE KERALA CO-OPERATIVE SOCIETIES RULES BEFORE THE 2ND RESPONDENT. P2: COPY OF THE ORDER DTD. 29/07/2004 OF THE 2ND RESPONDENT. P3: COPY OF THE ORDER DTD. 13/10/2005 OF THE FIRST RESPONDENT. P4: COPY OF THE JUDGMENT IN WPC.NO.35601 OF 2005 OF THE HON'BLE HIGH COURT. P5: COPY OF THE JUDGMENT IN W.A.NO.2116 OF 2006 OF THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.20371 of 2011 ------------------------------- Dated this the 27th day of July, 2011 J U D G M E N T The petitioner was the Secretary of the third respondent bank. She was placed under suspension with effect from 7.7.1992. A memo of charges was served on the petitioner, an enquiry was held and thereafter she was dismissed from service by order dated 3.1.1994. The petitioner challenged the order of dismissal by moving the Joint Registrar of Co-operative Societies, Idukki under rule 176 of the Kerala Co-operative Societies Rules. By order passed on 15.10.1994, the Joint Registrar of Co-operative Societies recinded the resolution of the committee on the short ground that the decision was not taken by the sub-committee, but by the managing committee, that thereby the right of appeal was denied and therefore the decision is liable to be set aside. The third respondent society challenged the said decision in this Court by filing O.P.No.15029 of 1994. The said writ petition was dismissed. Challenging the judgment of dismissal, the third respondent society filed W.A.No.1272 of 1995 in this Court and it was dismissed by judgment delivered on 14.11.1995 in President of Pudupariyaram Service Co.Op. Society v. Rugmini Amma & Others (1996 (1) KLT 100). The Division Bench while W.P.(C) No.20371 of 2011 2 dismissing the writ appeal observed that it will be open to the society to proceed afresh in accordance with the rules. 2. The third respondent society thereafter revoked the order dismissing the petitioner from service, again placed her under suspension and therafter issued a fresh proceedings dated 17.1.1996 dismissing her from service. The appeal filed by the petitioner before the managing committee of the bank was dismissed on 15.12.1999. The petitioner thereupon moved the Joint Registrar of Co-operative Societies under rule 176 of the Kerala Co-operative Societies Rules by filing a petition dated 8.3.2000. That petition was dismissed by Ext.P2 order passed on 29.7.2004. Aggrieved thereby, the petitioner filed a revision petition before the State Government. By Ext.P3 order passed on 13.10.2005, the revision petition was allowed, the order passed by the Joint Registrar of Co-operative Societies was set aside and the application filed by the petitioner under rule 176 of the Kerala Co-operative Societies Rules was remitted to the Joint Registrar for fresh disposal. Aggrieved thereby, the third respondent society filed W.P.(C) No.35601 of 2005 in this Court. By Ext.P6 judgment delivered on 6.10.2006, the said writ petition was dismissed. The third respondent society carried the matter in appeal by filing W.A.No.2166 of 2006. In the meanwhile, section 69 of the W.P.(C) No.20371 of 2011 3 Kerala Co-operative Societies Act was amended by Act 1 of 2000 with effect from 2.1.2003 and by virtue of the said amendment, the Registrar of Co-operative Societies ceased to have jurisdiction to entertain disputes relating to service conditions of employees. Accordingly, by Ext.P5 judgment delivered on 17.11.2006, the Division Bench directed the Joint Registrar of Co-operative Societies to transfer the entire files to the Arbitration Court and the Arbitration Court was directed to re-number the case and to proceed accordingly. The Division Bench also directed the Arbitration Court to expedite the adjudication having regard to the fact that the dispute is a long pending one. 3. It is stated that the dispute raised by the petitioner was numbered as A.R.C.No.4 of 2007 and that the said case is pending before the Co-operative Arbitration Court, the fourth respondent herein. The grievance voiced by the petitioner in this writ petition is that though several years have passed after the files were transferred to the Arbitration Court, till date the arbitration case has not been disposed of. The petitioner states that cause of action for the dispute arose in the year 1992 and that even two decades thereafter, the dispute has not been resolved. In this writ petition, the petitioner seeks a direction to the Co-operative Arbitration Court to dispose of W.P.(C) No.20371 of 2011 4 A.R.C.No.4 of 2007 expeditiously. 4. I heard Sri.Johnson Manayani, learned counsel appearing for the petitioner, Sri.Manu Govind, learned counsel appearing for the third respondent and Sri.S.Abdul Salam, learned Government Pleader appearing for respondents 1, 2 and 4. A reading of Ext.P5 judgment makes it evident that nearly 5 years back, a Division Bench of this Court had directed that the arbitration case shall be disposed of expeditiously having regard to the fact that the dispute is a long pending one. The Co-operative Arbitration Court was not a party to the said judgment. The materials on record disclose that the petitioner was initially dismissed from service on 7.7.1992 and for the past more than two decades that dispute has not been finally resolved. I am therefore of the opinion that the Co-operative Arbitration Court should endeavour to dispose of A.R.C.No.4 of 2007 expeditiously. The learned counsel on both sides submitted that A.R.C.No.4 of 2007 stands posted in the camp sitting of the Co- operative Arbitration Court at Ernakulam on 11.8.2011. In such circumstances, I dispose of the writ petition with a direction to the Co-operative Arbitration Court to hear A.R.C.No.4 of 2007, if possible on 11.8.2011 itself, and to pass orders thereon expeditiously thereafter. If for any reason, the Co-operative W.P.(C) No.20371 of 2011 5 Arbitration Court is not in a position to hear the case on 11.8.2011, the case shall be heard in the sitting at Thiruvananthapuram, if agreed to by both sides or in the camp sitting at Ernakulam on another day and disposed of within a period of four months from the date of receipt of a copy of this judgment. Registry to communicate a copy of this judgment to the Co-operative Arbitration Court. P.N. RAVINDRAN, JUDGE. nj.