IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 WP(C).No. 10576 of 2011(V) -------------------------- PETITIONER(S): --------------- M.C.JISHA,KANNOTH HOUSE,P.O.EDAKKAD, KADAMBUR,ACCOUNTANT,THE KANNUR DISTRICT CO-OP; BANK LTD,KANNUR,KERALA. BY ADV. SRI.T.MANOJ KUMAR RESPONDENT(S): --------------- 1. C.P.DINESHAN,S/O.KUNHIRAMAN,RESIDING AT 'PANCHAMI',CHALIL,AROLI.P.O,KANNUR,NOW WORKING AS CLERK/CASHIER,THE KANNUR DISTRICT CO-OPERATIVE BANK LTD,KANNUR,KERALA-670001. 2. BOARD OF DIRECTORS,THE KANNUR DISTRICT CO-OPERATIVE BANK LTD,KANNUR,KERALA-670 001. REP.BY ITS PRESIDENT. 3. GENERAL MANAGER,KANNUR DISTRICT CO-OP; BANK LTD,KANNUR,KERALA-670001. 4. K.E.GEETHAMANI,ACCOUNTANT,THE KANNUR DISTRICT CO-OPERATIVE BANK LTD.,KANNUR, KERALA-670 001. BY SRI.P.NARAYANAN, SC FOR KANNUR DISTRICT CO-OPERATIVE BANK. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No. 10576 of2011 ------------------------------- Dated this the 1st day of April, 2011 J U D G M E N T Ext.P3 award passed by the Co-operative Arbitration Court, Thiruvananthapuram on 11.11.2010 in A.R.C.No.9 of 2007 filed by the first respondent herein is under challenge in this writ petition. By the impugned award, the Co-operation Arbitration Court set aside the promotion given to the petitioner and the fourth respondent herein to the category of Accountant and directed respondents 2 and 3 herein to promote the first respondent to the category of Accountant. 2. Under section 82(1)(a) of the Kerala Co-operative Societies Act, an appeal lies from Ext.P3 award passed by the Co- operative Arbitration Court to the Kerala Co-operative Tribunal. The period of limitation prescribed for filing an appeal is 60 days from the date of the decision or award as the case may be. A Division Bench of this Court has in Varghese v. Regional Transport Officer (1984 KLT 1082) held that the words “30 days from the date of the order” must be understood as 30 days from the date on which the aggrieved party had actual or constructive knowledge of the impugned order. The petitioner has averred in paragraph 5 of the writ petition that a copy of Ext.P3 award was issued by the Co-operative Arbitration Court on 22.1.2011. The period of limitation for filing the appeal has W.P.(C) No.10576 of 2011 2 therefore expired. It is also well settled by the decisions of this Court that the Kerala Co-operative Tribunal has no power to condone the delay. However, section 84 of the Kerala Co-operative Societies Act empowers the Kerala Co-operative Tribunal to revise the award passed by the Co-operative Arbitration Court. Though this Court has in Sarojini Amma v. Trivandrum District Co-operative Bank Ltd. (2005 (3) KLT 655) held that the revisional jurisdiction ought not to be permitted to be invoked after a fairly long period, unless goods reasons are shown to excuse such delay and it must be exercised within 5 months from the date of the impugned award, in the instant case, the period of 5 months has not expired. I am therefore of the opinion that the petitioner should file a revision petition against the impugned order before the Kerala Co-operative Tribunal. I accordingly dismiss the writ petition reserving liberty with the petitioner to challenge the impugned order in revision before the Kerala Co-operative Tribunal. P.N. RAVINDRAN, JUDGE. nj.