Disposed

Shiaymol Thomas v. the Kozhuvanal

Kerala HC11 Aug 2016WP(C)/5181/2016

Case brief

AI extract

What is this about?

This writ petition challenged the inaction of the Kerala Co-operative Arbitration Court regarding an interim relief application by a suspended cashier. The High Court directed the Arbitration Court to consider the application after providing opportunity of hearing within three weeks.

What did the court decide?

Direction to the Kerala Co-operative Arbitration Court to consider the petitioner's interim application within three weeks after providing an opportunity of hearing.

Shiaymol Thomas Vs the Kozhuvanal — Service and Employment | Kerala HC (2016)

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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 SHAJI P.CHALY

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THURSDAY, THE 11TH DAY OF AUGUST 2016/20TH SRAVANA, 1938

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WP(C).No. 5181 of 2016 (W)

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PETITIONER(S):

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SHIAYMOL THOMAS, W/O JO JOSEPH,

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CLERK, KOZHUVANAL SERVICE CO-OPERATIVE BANK LTD. NO: 213 KOZHUVANAL PO, MEENACHIL TALUK, KOTTAYAM DIST

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BY ADV. SRI.SREEDHAR RAVINDRAN

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RESPONDENT(S):

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1. THE KOZHUVANAL SERVICE CO-OPERATIVE BANK LTD NO. 123, REPRESENTED BY ITS SECRETARY, KOZHUVANAL PO, MEENACHIL TALUK, KOTTAYAM DISTRICT-686161

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2. THE PRESIDENT

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KOZHUVANAL SERVICE CO-OPERATIVE BANK LTD, KOZHUVANAL PO, MEENACHIL TALUK, KOTTAYAM DISTRICT-686161

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3. KERALA CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM-695 001

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R1 & R2 BY ADVS. SRI.B.ASHOK SHENOY

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SRI.K.V.GEORGE SRI.P.N.RAJAGOPALAN NAIR SRI.P.S.GIREESH SRI.RIYAL DEVASSY

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R3 BY SENIOR GOVERNMENT PLEADER SRI.PAUL VARGHESE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-08-2016,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 5181 of 2016 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: THE TRUE COPY OF THE JUDGMENT IN WPC 7673/14 DT. 27/3/15 EXT.P2: THE TRUE COPY OF THE STAY PETITION FILED ALONG WITH ARC. NO. 48/15 DT. NIL.

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RESPONDENT(S)' EXHIBITS : NIL.

//TRUE COPY//

P.S. TO JUDGE

SHAJI P. CHALY, J.

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W.P.(C) No.5181 of 2016

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Dated this the 11^th day of August, 2016

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JUDGMENT

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Petitioner, a cashier of the 1^st respondent Service Cooperative Bank, suspended from service, enquiry conducted and appeal dismissed by the Board, has approached the 3^rd respondent Arbitration Court by instituting A.R.C No.48/2015. In the said case, petitioner has allegedly filed Ext.P2 application seeking interim relief. It is thus seeking a direction to the 3^rd respondent to consider Ext.P2 application on an early date, this writ petition is filed.

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Heard learned counsel for the petitioner and the learned counsel appearing for respondents 1 and 2. Notice to the 3^rd respondent is not returned, and in view of the limited nature of order I propose to pass, notice to the 3^rd respondent is dispensed with.

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Taking into account the respective submissions made across the Bar and perusing the documents, there will be a direction to the 3^rd respondent to consider Ext.P2 Interlocutory Application filed by the petitioner in A.R.C No.48

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W.P.(C) No.5181 of 2016

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of 2015 within three weeks from the date of receipt of a copy of this judgment, after providing opportunity of hearing to all the parties concerned. All other issues raised in this writ petition with respect to the claims of the petitioner are left open.

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The writ petition is disposed of accordingly.

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Sd/- SHAJI P. CHALY JUDGE

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//true copy//

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P.S. to Judge

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St/10.08.2016

Shiaymol Thomas v. the Kozhuvanal

Case brief

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Shiaymol Thomas v. the Kozhuvanal

Case brief

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