Disposed

P.Basheer v. Joint Registrar of Co-Operative Societie

Kerala HC8 Sept 2009WP(C)/15122/2008

Case brief

AI extract

What is this about?

Petitioner sought reinstatement based on an ex-parte award later set aside and quashing of a notification against him. Court declined interim direction for reinstatement, noted proceedings against ex-parte order pending, and held any new appointment must be provisional pending arbitration outcome.

What did the court decide?

Affirmed that if the post is filled, it must be provisional and subject to the outcome of pending arbitration proceedings.

P.Basheer Vs Joint Registrar of Co-Operative Societie — Cooperative Societies | Kerala HC (2009)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE ANTONY DOMINIC

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TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 15122 of 2008(A) ---------------------------------------

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PETITIONER:

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-------------------

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P.BASHEER , S/O. LATE M.PEERU MOHAMMED, PUNNAKKADAYK VEEDU, KANIYAPURAM, PALLIPPURAM VILLAGE, THIRUVANANTHAPURAM TALUK & DISTRICT.

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BY ADVS. MR.N.SUBRAMANIAM, MR.M.S.NARAYANAN, MR.P.T.GIRIJAN.

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RESPONDENTS:

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------------------------

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1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETITIES, (GENERAL) VANCHIYOOR, THIRUVANANTHAPURAM.

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2. THE VELLANADU SERVICE CO-OPERATIVE BANK LTD NO, 2379, VELLANADU, VELLANADU VILLAGE, NEDUMANGAD TALUK,THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY.

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3. THE CO-OPERATIVE SERVICE EXAMINATION BOARD, STATE CO-OPEARATIVE BANK BUILDING, OVERBRIDGE, THIRUVANANTHAPURAM-1

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R1 BY GOVT. PLEADER MR. DILIP MOHAN, R2 BY ADVS. MR.THOMAS ABRAHAM, MR.DIPU.R, MR.K.S.HARIDAS, R3 BY MR.P.U.SHYLAJAN,S.C.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). NO.15122/2008-A:

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT.P.1: COPY OF THE AWARD PASSED BY THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM.

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EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE ADMINISTRATOR OF THE R.2. BANK.

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EXT.P.3: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PRESIDENT OF THE R.2. BANK.

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EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE PRESIDENT OF THE R.2. BANK.

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EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM.

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EXT.P.6: COPY OF THE PUBLICATION PUBLISHED IN THE DESHABHIMANI DAILY ON 25/04/2008 BY THE CO-OPERATIVE SERVICE EXAMINATION BOARD, THIRUVANANTHAPURAM.

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EXT.P.7: COPY OF THE PAY FIXATION STATEMENT.

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RESPONDENTS' EXHIBIT:

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EXT.R2.A: COPY OF THE RELEVANT PAGE (PAGE NO.27) OF THE SERVICE BOOK OF THE PETITIONER, RELINQUISHMENT.

//TRUE COPY//

P.A. TO JUDGE.

Prv.

ANTONY DOMINIC,J.

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W.P.(C).No.15122 OF 2008

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Dated this the 8^th day of September, 2009.

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JUDGMENT

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The prayer sought for in this writ petition is to direct the first respondent to implement Ext.P1 award in ARC.No.97/04 and to reinstate the petitioner as Secretary of the 2^nd respondent, a Cooperative Society registered under the Kerala Co-operative Societies Act. Petitioner also seeks to quash Ext.P6 notification whereby the Bank has initiated steps for appointment of Secretary, the post in which the petitioner was working prior to his termination.

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In so far as Ext.P1, the implementation of which is sought for in this writ petition is concerned, that was an ex-parte award obtained by the petitioner against the 2^nd respondent. Subsequent to the passing of the award, the Bank filed an application for setting aside the ex-parte award condoning the delay in making the application. Accordingly, the Arbitrator condoned the delay and set aside Ext.P1 award and the matter is pending consideration of the Arbitrator. The order condoning the

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WP(c).No.15122/08 2

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delay and setting aside the ex-parte award, which are produced along with I.A.No.8478/09, were challenged by the petitioner in WP (c) NO.20292/09 and this court by judgment dated 26^th August, 2009 upheld that order subject to the condition of payment of cost. In view of the above, there is no question of directing reinstatement of the petitioner pursuant to Ext.P1, at this stage.

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Next grievance of the petitioner is regarding Ext.P6 notification for filling up the post of Secretary in the Bank. Evidently, steps for filling up the said post has been initiated as the petitioner had vacated the post. But however the validity of his termination is pending adjudication and will depend upon the outcome of the Arbitration proceedings which are now pending consideration of Arbitration Court. Therefore, even if the Bank fills up the post pursuant to Ext.P6, the same has to be subject to the outcome of the Arbitration proceedings referred to above.

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Therefore, it is clarified that if the post of Secretary is filled up pursuant to Ext.P6, the same will be provisional and subject to the result of ARC.No.97/04, which is now pending consideration of the Co-operative Arbitration Court.

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Writ petition is disposed of as above.

(ANTONY DOMINIC)

JUDGE

vi/

WP(c).No.15122/08 3

P.Basheer v. Joint Registrar of Co-Operative Societie

Case brief

What is this about?

What did the court decide?

P.Basheer v. Joint Registrar of Co-Operative Societie

Case brief

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What did the court decide?

What the court decided

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