IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9598 of 2010(Y)
1. T.S.SELVARAJAN(FORMERLY SECRETARY OF
... Petitioner
Vs
1. THE JOINT REGISTRAR OF CO-OPERATIVE
... Respondent
2. THE BOARD OF DIRECTORS OF MANKARA
3. THE MANKARA SERVICE CO-OP.BANK LTD.,
For Petitioner :SRI.KRB.KAIMAL (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice K.SURENDRA MOHAN
Dated :23/03/2010
O R D E R
K.SURENDRA MOHAN, J
...........................................
WP(C).NO. 9598 OF 2010
............................................
DATED THIS THE 23rd DAY OF MARCH, 2010
JUDGMENT
The petitioner was employed as a Secretary of the third
respondent Co-operative Bank. While so, he was dismissed from
service on 22.12.2003, pursuant to a resolution of the said committee.
The resolution of the sub committee was challenged by the petitioner
before the appeal committee of the Board of Directors of the Bank.
However, the same was also rejected. The petitioner then approached
the first respondent seeking to rescind the resolutions of the sub
committee and the appeal committee in exercise of the power under
Rule 176 of the Kerala Co-operative Societies Rules. The first
respondent set aside the resolution. Though the Bank had challenged
the same in appeal before the Government, the appeal was also
dismissed. A writ petition filed by the respondents 2 and 3 before this
court challenging the orders of the first respondent and the Government
was allowed. The impugned orders were set aside and the petitioner
was directed to move the Arbitration Court under Section 69 of the Co-
operative Societies Act. Accordingly, the petitioner filed an
Wpc 9598/2010 2
Arbitration Case, which has been allowed ordering reinstatement of the
petitioner as the Secretary. He has also been directed to be granted all
service benefits consequent to such reinstatement. The present
complaint of the petitioner is that the said award has not been
implemented by the Bank. The petitioner has also filed Ext.P4 petition
before the first respondent seeking enforcement of Ext.P2 award. But,
his complaint is that no action has been taken thereon, till date. The
learned Government Pleader submits that appropriate action would be
initiated on Ext.P4 petition, without further delay.
2. In the above circumstances, this writ petition is disposed of
directing the first respondent to consider the petition filed by the
petitioner, in accordance with law, and to pass appropriate orders
thereon, as expeditiously as possible and at any rate, within a period of
two months from the date of receipt of a copy of this judgment, after
affording an opportunity of being heard to the petitioner as well as
respondents 2 and 3.
K.SURENDRA MOHAN, JUDGE
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