IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA No. 2044 of 2004(E)
1. K.T. THOMAS, KINATTUKARA HOUSE,
... Petitioner
Vs
1. THE KERALA CO-OPERATIVE TRIBUNAL,
... Respondent
2. THE THIDANADU SERVICE CO-OPERATIVE
3. THE JOINT REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.P.C.SASIDHARAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice K.S.RADHAKRISHNAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :06/09/2007
O R D E R
K.S.RADHAKRISHNAN & A.K.BASHEER, JJ
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W.A.2044/2004
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Dated this the 6th day of September, 2007
JUDGMENT
Radhakrishnan, J
It is unnecessary to refer to the facts of the
case in detail for the disposal of this appeal. Ext.P1 is the
award passed by the Arbitrator directing the bank to pay
to the petitioner for the period from 16.12.1985 to
31.7.1991 an amount calculated at monthly rate of 50%
of salary eligible to him, if he had continued in the service
of the bank, as damages. Against that decision an appeal
was preferred before the Tribunal which was dismissed by
Ext.P4 judgment dated 11.6.1999 upholding the order of
the Arbitrator. Aggrieved by the same, O.P.22425/1999
was filed before the learned Single Judge and found no
illegality in the award passed by the Arbitrator which was
confirmed by the Tribunal. Considering the facts and
circumstances of the case, we find no reason to upset the
award which in our view is just and proper.
2. Counsel appearing for the appellant submitted
that the award passed by the Arbitrator has not been
implemented so far.
W.A.2044/2004
2
3. In such circumstances, we are inclined to
dispose of this appeal with a direction to the second
respondent to disburse the amount as per the award with
9% interest per annum from 29.4.1993 till the date of
payment. The amount would be disbursed within a
period of two weeks from the date of receipt of a copy of
this judgment.
4. Counsel for the appellant also submits that he
is aged 76 and he is entitled to get gratuity and other
benefits. We express no opinion on that contention and
the petitioner if so advised may take up the matter
before the appropriate authority.
K.S.RADHAKRISHNAN
Judge
A.K.BASHEER
Judge
mrcs