Kerala High Court
Cheranallur Service Co-Operative Bank ... vs The State Of Kerala on 6 July, 2012
Author: Antony Dominic
Bench: Antony Dominic
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE ANTONY DOMINIC
&
THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN
THURSDAY, THE 20TH DAY OF FEBRUARY 2014/1ST PHALGUNA, 1935
WA.No. 1818 of 2012 () IN WP(C).15440/2012
--------------------------------------------
AGAINST THE JUDGMENT IN WP(C) 15440/2012 of HIGH COURT OF KERALA
DATED 06-07-2012
APPELLANT(S)/APPELLANT:
--------------------------------------------
CHERANALLUR SERVICE CO-OPERATIVE BANK LTD.
NO.62, CHERANALLUR P.O., ERNAKULAM
KOCHI, REPRESENTED BY ITS SECRETARY.
BY ADVS.SRI.N.K.SUBRAMANIAN
SRI.S.ANANTHAKRISHNAN
RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT
DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM-695001.
2. REGISTRAR OF CO-OPERATIVE SOCIETIES,
P.O.BOX NO.185, STATUE,THIRUVANANTHAPURAM-695001.
3. KERALA CO-OPERATIVE TRIBUNAL,
L.VANROSS JUNCTION, NEAR JUBILEE HOSPITAL
UNIVERSITY P.O., THIRUVANANTHAPURAM-695034.
4. KERALA CO-OPERATIVE ARBITRATION COURT,
NEAR BSNL OFFICE, KAITHAMUKKU, PORT P.O.
THIRUVANANTHAPURAM-695023.
5. K.G.RADHAKRISHNAN,
'USHUS', PONEKKARA P.O., AIMS PONEKKARA P.O.
KOCHI, ERNAKULAM DISTRICT, PIN-682041.
R1 TO R4 BY SR.GOVT. PLEDER SRI.K.K.SAIDALAVI
R5 BY ADV. SRI.A.JAYASANKAR
R5 BY ADV. SRI.MANU GOVIND
R5 BY ADV. SRI.V.H.NOUFALMON
R5 BY ADV. SRI.JOPHY POTHEN KANDANKARY
THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 20-02-2014, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC & ANIL K.NARENDRAN, JJ.
-----------------------------------
W.A.No.1818 of 2012
-----------------------------------
Dated this the 20th day of February, 2014
JUDGMENT
Antony Dominic, J.
1.The appellant has filed this appeal aggrieved by the dismissal of W.P(C).15440/12 filed by him by the learned single Judge. The writ petition was filed challenging the orders passed by the Cooperative Arbitration Court, rejecting the preliminary objection raised by the appellant on the maintainability of a dispute raised by the 5th respondent against a disciplinary action initiated against him. According to the appellant, the dispute concerning the disciplinary proceedings is outside the scope of section 69 of the Kerala Co-operative Societies Act and therefore, ARC.29/10 filed before the 4th respondent was not maintainable. That contention was rejected by the Arbitration Court and the said order was confirmed by the third respondent. Reading of the judgment under appeal shows that the learned Judge rejected all the contentions raised by the appellant following a binding precedent of this WA.1818/12 2 Court. It is aggrieved by this judgment, the appeal is filed.
2.The only issue that arises in this appeal is whether the disciplinary proceedings initiated by a co- operative society is a non-monetary dispute as contemplated under section 69 of the Act which can be the subject matter of an arbitration before the Arbitration Court.
3. In our view, the aforesaid issue is no more open to doubt in view of the judgment of this Court in Edava Service Co-operative Bank Ltd. v. Co-operative Arbitration Court [2008(3) KLT 780] which was confirmed by a Division Bench by dismissing W.A.2057/08. Further, similar view has been taken by this Court in A.R.Nagar Service Co-operative Bank v. State of Kerala [2010(1) KLT 55] and in Thodupuzha Taluk General Marketing Co-operative Society v. Michael Sebastian [2010(1) KLT 938].
4.Having gone through the aforesaid judgments and appreciating the same in the light of the contentions WA.1818/12 3 raised by the appellant, we find absolutely no reason to deviate from the view taken by the learned single Judge.
We do not find any merit in the appeal. It is accordingly dismissed.
Sd/-
ANTONY DOMINIC, Judge.
Sd/-
ANIL K.NARENDRAN, Judge.
kkb.
/True copy/ PS to Judge