The Kerala State Co-Operative Coir Marketing Federation v. v.Viswakumar
Case brief
What is this about?
Jurisdiction of Co-operative Arbitration Court / Presiding Officer qualification under Section 70A(2) of the Kerala Co-operative Societies (Amendment) Act, 2023 as amended by Act 9 of 2024; requirement that Presiding Officer be an Officer of and above the rank of Munsiff-Magistrate of the judicial service; appointment of Judicial Officer in the rank of Senior Civil Judge; interim order Ext.P4 in I.A.No.2/2022 in ARC No.36/2022 (dated 11/6/2024) granting subsistence allowance from 16.04.2021 to suspended employee held without jurisdiction; suspension vide Ext.P1 dated 16.04.2021 for misconduct; domestic enquiry officer; COIRFED (Kerala State Co-operative Coir Marketing Federation Ltd No.679), Alappuzha; V. Viswakumar; writ petition disposed with direction to reconsider allowance claim within two months; Kerala High Court, Ernakulam, 2025.
What did the court decide?
Writ petition disposed of: the newly appointed Presiding Officer (appointed in terms of Section 70A(2) of the Act) is directed to consider I.A.No.2 of 2022 in ARC No.36 of 2022 in accordance with law, as expeditiously as possible, within two months from receipt of a certified copy of the judgment; the petitioner/1st respondent to produce a copy of the judgment and writ petition before the Presiding Officer for due compliance. Ext.P4 was held to have been passed without jurisdiction (no express quashing order pronounced).