Remanded

Philo V.K. v. Thuruthipuram Service Co-Oiperative Bank

Kerala HC12 Feb 2018WP(C)/39549/2017

Case brief

AI extract

What is this about?

Petitioner, legal heir of a bank secretary, challenged delayed disposal of an arbitration reference regarding dismissal. Court found no signed award existed, remanding matter to Arbitration Court for final disposal within two months.

What did the court decide?

Order directing 2nd respondent Co-operative Arbitration Court to finally dispose of A.R.C.No.64/2007 after hearing both sides within two months.

Philo V.K. Vs Thuruthipuram Service Co-Oiperative Bank — Service and Employment | Kerala HC (2018)

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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 ANIL K.NARENDRAN

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MONDAY, THE 12TH DAY OF FEBRUARY 2018 / 23RD MAGHA, 1939

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WP(C).No. 39549 of 2017

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PETITIONER:

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PHILO V.K., W/O.LATE O.T.FRANCIS, AGED 59 YEARS, OLATTUPURATHU (H), THURUTHIPURAM P.O., VIA, KODUNGALLUR, ERNAKULAM DISTRICT.

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BY ADV.SRI.P.V.BABY

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RESPONDENTS:

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1. THURUTHIPURAM SERVICE CO-OPERATIVE BANK LTD NO.1789, P.O. THURUTHIPPURAM, VIA, KODUNGALLUR - 680 667, REPRESENTED BY ITS PRESIDENT.

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2. KERALA STATE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM - 695 001, REPRESENTED BY ITS SECRETARY.

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R1 BY ADV. SRI.GEORGE POONTHOTTAM R2 BY GOVERNMENT PLEADER SRI.DILIP.S.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C).No. 39549 of 2017 (P)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1.	A TRUE 14/5/20 BEFORE	PHOTOCOPY OF THE ARC NO.64/2207 DATED 07 FILED BY THE LEGAL HEIRS OF O.T. FRANCIS THE 2ND RESPONDENT
EXHIBIT P2.	A TRUE DATED 2 RESPOND	PHOTOCOPY OF THE WRITTEN STATEMENT 2/10/2007 FILED BY THE BANK BEFORE THE 2ND ENT
EXHIBIT P3.	A TRUE BY THE BEFORE	PHOTOCOPY OF THE REPLY AFFIDAVIT FILED PETITIONERS IN EXT.P1 DATED 15/2/2008 THE 2ND RESPONDENT
EXHIBIT P4.	A TRUE 12/12/2 TO SET	PHOTOCOPY OF THE APPLICATION DATED 012 BEFORE THE 2ND RESPONDENT BY THE BANK ASIDE EXPARTE ORDER
EXHIBIT P5.	A TRUE 14/2/20 TO SET	PHOTOCOPY OF THE APPLICATION DATED 13 BEFORE THE 2ND RESPONDENT BY THE BANK ASIDE EXPARTE ORDER
EXHIBIT P6.	A TRUE 29.10.2 TO SET	PHOTOCOPY OF THE APPLICATION DATED 014 BEFORE THE 2ND RESPONDENT BY THE BANK ASIDE EXPARTE ORDER
EXHIBIT P7.	A TRUE 24/6/20 BEFORE	PHOTOCOPY OF THE APPLICATION DATED 15 BY THE PLAINTIFF IN THE ARBITRATION CASE THE ARBITRATION COURT

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RESPONDENT'S EXHIBITS: NIL

/TRUE COPY/

P.A.TO JUDGE

sts

ANIL K. NARENDRAN, J.

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W.P(C) No.39549 of 2017

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Dated this the 12^th day of February, 2018

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J U D G M E N T

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The petitioner, who is the legal heir of late O.T.Francis, who was the Secretary of the 1^st respondent Bank. The petitioner, along with other legal heirs of Late O.T.Francis filed A.R.C. No.64/2007 before the Co-operative Arbitration Court, Thiruvananthapuram, seeking an order to set aside Resolution No.2/2013 dated 26.4.2004 of the Disciplinary Action Sub Committee of the 1^st respondent Bank and also the subsequent order dated 30.4.2004, dismissing O.T.Francis from service. Now the grievance of the petitioner, who is the 1^st petitioner in A.R.C.No.64/2007 before the Co-operative Arbitration Court is that, though the said A.R.C was taken up for orders on 20.7.2016 by the previous Presiding Officer of the Arbitration Court, no award has been passed. However, there is an endorsement in the 'A' diary that orders were passed on 20.7.2016.

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On 8.12.2017 when this writ petition came up for consideration, the Registry was directed to get a report from the Co-operative Arbitration Court, Thiruvananthapuram as to

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W.P(C) No.39549 of 2017

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the present status of A.R.C.No.64/2007 and also the time limit required for its final disposal, if the same is not already disposed of. Pursuant to the said order a report dated 20.12.2017 has been received, wherein it has been stated that A.R.C.No.64/2007 has been disposed on 20.7.2016.

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On 5.1.2018, when this writ petition was taken up for further consideration it was submitted by the learned counsel for the petitioner that though an endorsement regarding disposal of A.R.C.No.64/2007 is there in the A diary, no such order is available in the case records. Therefore, by order dated 5.1.2018, the Registry was directed to get a report from the Arbitration Court as to whether the order dated 20.7.2016 of that Court in A.R.C. No.64/2007 is available in the case records and as to whether a certified copy of the same has been issued to the petitioner.

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Pursuant to the order dated 5.1.2018, a further report dated 18.1.2018 has been received, which reads as follows:

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“The order for the above ARC was pronounced by the former Presiding Officer of this Court on 20.7.2016. Subsequently the case bundle was misplaced and hence the written order was not delivered during his tenure. Later, on enquiry from the side of the

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W.P(C) No.39549 of 2017

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plaintiff the ARC file was traced out. But unfortunately at that time the term of former Presiding Officer was over and hence this office was not in a position to issue a certified copy of Award to the plaintiff.”

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In view of the above report received from the Arbitration Court, this Court by order dated 29.1.2018 directed the Registry to call for the records in A.R.C. No.64/2007.

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From the records in A.R.C.No.64/2007 received from the Co-operative Arbitration Court, Thiruvananthapuram, it is seen that though there is an endorsement on the order sheet of that A.R.C that the same has been disposed of on 20.7.2016 vide separate order, no such order is found in the case records. From the report received from the Co-operative Arbitration Court, it is seen that the Presiding Officer has not signed any award in A.R.C.No.64/2007. As such it cannot be said that A.R.C.No.64/2007 was disposed of on 20.7.2016.

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In such circumstances, this writ petition is disposed of by directing the 2^nd respondent Co-operative Arbitration Court to finally dispose of A.R.C.No.64/2007 after hearing both sides.

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Since the case is of the year 2007, the 2^nd respondent shall dispose of the same within two months from the date of

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W.P(C) No.39549 of 2017

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receipt of a certified copy of this judgment.

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Registry shall forthwith return the case records in A.R.C.No.64/2007 to the Co-operative Arbitration Court,

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Thiruvananthapuram by messenger.

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Sd/-

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ANIL K. NARENDRAN JUDGE

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//True Copy//

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P.A to Judge

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Philo V.K. v. Thuruthipuram Service Co-Oiperative Bank

Case brief

What is this about?

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Philo V.K. v. Thuruthipuram Service Co-Oiperative Bank

Case brief

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What did the court decide?

What the court decided

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