Allowed

Pullur Service Co-Operative Bank Ltd. v. K a Babu

Kerala HC23 May 2013WP(C)/8404/2013

Case brief

AI extract

What is this about?

The High Court allowed the writ petition and set aside the ex parte award passed by the Co-operative Arbitration Court. The court directed the court to consider all contentions afresh and pass a fresh award within three months.

What did the court decide?

The ex parte Award (Exhibit P3) is set aside. The 2nd Respondent is directed to consider contentions afresh and pass a fresh award within three months.

Pullur Service Co-Operative Bank Ltd. Vs K a… — Labour and Industrial Disputes | Kerala HC (2013)

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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 K.SURENDRA MOHAN

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THURSDAY, THE 23RD DAY OF MAY 2013/2ND JYAISHTA 1935

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WP(C).No. 8404 of 2013 (A)

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PETITIONER

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PULLUR SERVICE CO-OPERATIVE BANK LTD NO . 550, PULLUR P O, IRINJALAKUDA THRISSUR DIST, REP BY ITS SECRETARY

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PRESIDENT PULLUR SERVICE CO-OPERATIVE BANK LTD NO .550 PULLUR P O, IRINJALAKUDA, THRISSUR DIST

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BY ADV. SRI.P.V.SURENDRANATH

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RESPONDENTS:

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K .A. BABU S/O.AYYAPPAN, KUNDIL VEEDU, PULLUR IRINJALAKUDA, THRISSUR DIST

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CO-OPERATIVE ARBITRATION COURT NORTHERN DIVISION, HOUSE FED COMPLEX, 5TH FLOOR SASTHRI NAGAR, ERANJIPALAM P O, KOZHIKODE-673006 REP BY ASSISTANT REGISTRAR/SECRETARY

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R1 BY ADV. SRI.P.RAMAKRISHNAN

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R2 BY GOVERNMENT PLEADER SRI G.GOPAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 8404 of 2013 (A)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1:COPY OF THE PLAINT IN ARC 195/2008 DT.7.9.08 WITHOUT ANNEXURES

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EXT.P2:COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS IN ARC 195/2008 DT.21.4.09

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EXT.P3:COPY OF THE AWARD PASSED BY THE 2ND RESPONDENT IN ARC NO 61/2011 DTD 3/1/2013

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EXT.P4: COPY OF THE PETITION DT.22.2.13 FILED BY THE PETITIOENRS BEFORE THE 2ND RESPONDENT TO SET ASIDE EX PARTE AWARD

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RESPONDENT(S)' EXHIBITS: NIL

TRUE COPY

P.A.TO JUDGE

dsn

K.SURENDRA MOHAN , J.

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-------------------------------------------------W.P.(C)No.8404 Of 2013

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-------------------------------------------------DATED THIS THE 23^rd DAY OF MAY, 2013

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JUDGMENT

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This Writ Petition is filed by the petitioners challenging Exhibit P3 Award passed by the Co-operative Arbitration Court (Northern), Kozhikode in A.R.C.No.61/11. The Award has been passed setting aside the dismissal of the 1^st respondent, an employee of the petitioners. According to the petitioners, even though they had entered appearance and filed their objections and written statement, the Award has been passed ex parte, for the only reason that they were not represented on a particular day.

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Adv.Sri P.Ramakrishnan appears for the 1^st respondent-employee. According to the learned counsel, allowing this Writ Petition to remain pending for an indefinitely long period of time would cause prejudice to his client. Therefore, it is submitted that he has no objection in Exhibit P3 Award being set side and the matter being sent back for fresh consideration, after affording an opportunity of being heard to the petitioners also.

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WPC.No.8404/13 -2-

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In view of the above, this Writ Petition is allowed. The ex parte Award, Exhibit P3 is set aside. The 2^nd respondent, Arbitration Court is directed to consider the contentions of the petitioners as well as the 1^st respondent afresh and to pass a fresh Award in A.R.C.No.61/2011. Such fresh award shall be passed as expeditiously as possible and at any rate within a period of three months of the date of production of a copy of this judgment.

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Sd/-(K.SURENDRA MOHAN), JUDGE .

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dsn

Pullur Service Co-Operative Bank Ltd. v. K a Babu

Case brief

What is this about?

What did the court decide?

Pullur Service Co-Operative Bank Ltd. v. K a Babu

Case brief

What is this about?

What did the court decide?

What the court decided

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