IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 393 of 2011(Y)
1. SURESH BABU.G., SHIJU NIVAS,
... Petitioner
Vs
1. THE MITHRUMMALA SERVICE CO-OPERATIVE
... Respondent
2. THE BOARD OF DIRECTORS OF THE
3. K.G.SREEKALA, KAMALAVILASAM,
4. THE CO-OPERATIVE ARBITRATION COURT,
5. THE REGISTRAR OF CO-OPERATIVE
For Petitioner :SRI.V.G.ARUN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :06/01/2011
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No. 393 OF 2011
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Dated this the 6th day of January, 2011
J U D G M E N T
The petitioner is a member of the first respondent bank. He
has filed this writ petition challenging Exts.P3 and Ext.P4 awards
passed by the Co-operative Arbitration Court allowing the appeal
filed by the third respondent, a former Accountant of the first
respondent bank and directing her reinstatement in service. Under
section 82 (1)(a) of the Kerala Co-operative Societies Act, 1968, an
appeal lies from awards passed by the Co-operative Arbitration
Court under sub section (1) of section 70 of the Act to the Kerala
Co-operative Tribunal. The period of limitation prescribed for filing
such an appeal is 60 days from the date of the decision or award.
Sub section (1) of section 82 states that any person aggrieved by
the award of the Co-operative Arbitration Court may within 60 days
from the date of such decision or award, as the case may be,
appeal to the Tribunal. The petitioner thus has a meaningful and
alternate remedy by way of appeal. Since the petitioner was not a
party to the arbitration cases he will have to apply for the leave of
the Tribunal to prefer an appeal. That by itself is not a reason to
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hold that the remedy by way of appeal is not a meaningful remedy. I
therefore finds no grounds to entertain this writ petition.
The writ petition fails and is accordingly dismissed without
prejudice to the right of the petitioner to canvass the correctness of
Ext.P3 and P4 awards in other appropriate proceedings.
P.N.RAVINDRAN,
(JUDGE)
vps
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