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Showing contexts for: matsyafed in Michael Samson vs The Executive Committee on 6 July, 2022Matching Fragments
The short controversy in this case is whether Ext.P16 order had been issued by the Kerala Co-operative Tribunal, Thiruvananthapuram (for short, the Tribunal), after validly serving notice on the petitioner herein.
2. The petitioner asserts that the notice issued by the Tribunal was to his erstwhile office address at the Kerala State Co-Operative Federation For Fisheries Development Ltd. (Matsyafed), where he earlier worked, but relieved by the time the Revision Petition had been filed; and therefore, that no service of notice had been done on him. On the other hand, the Matsyafed takes the stand that notices were issued to the petitioner's official and residential addresses and also published in newspapers.
3. It is on record that the petitioner filed a Review Petition against Ext.P16, which culminated in Ext.P17 order of the Tribunal.
4. The Tribunal has taken the stand that notices were issued to the petitioner, both in his residential and official addresses and that it was also published, as affirmed by the WP(C) NO. 516 OF 2022 Matsyafed.
5. However, going by the statements in Ext.P17, it is clear that, originally, the notices were issued to the petitioner in his official address at Ernakulam, from where he had already been relieved; while his residential address was shown to be at Thiruvananthapuram, in terms of the entries in Ext.P14 - but it is on record that the petitioner has taken a stand that this was in error and that he had moved an application for its correction, which is still pending before the Arbitration Court.
WP(C) NO. 516 OF 2022
9. Resultantly, I allow this writ petition and set aside Exts.P16 and P17, clarifying that I have not entered into the merits of the findings therein, but solely because it is unclear whether the petitioner had been properly served; with a consequential direction to the said Authority to reconsider the Revision Petition filed by the Matsyafed, after hearing both sides, thus culminating in an appropriate order thereon, as expeditiously as is possible.
For the afore purpose, I direct the parties to mark appearance before the Tribunal at 11 a.m. on 18.07.2022.
MATSYAFED/E2/3291/06 DATED 18-10-2010 Exhibit P10 TRUE COPY OF THE JUDGMENT DATED 16-11- Exhibit P11 TRUE COPY OF THE APPEAL DATED 4-4-2011 Exhibit P12 TRUE COPY OF THE ORDER NO.
MATSYAFED/E2/3291/06 DATED 7-6-2011 Exhibit P13 TRUE COPY OF THE PETITION A.R.C 37/2011 DATED 28-07-2011 Exhibit P14 TRUE COPY OF THE AWARD DATED 12-2-2019 IN WP(C) NO. 516 OF 2022 Exhibit P15 TRUE COPY OF THE PROCEEDING SHEET IN R.P Exhibit P16 TRUE COPY OF THE ORDER DATED 29-09-2020 IN REVISION PETITION NO. 101/2019 OF THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM Exhibit P17 TRUE COPY OF THE ORDER DATED 28-09-2021 IN REVIEW PETITION 11/2021 IN REVISION RESPONDENT EXHIBITS Exhibit R1 A A TRUE COPY OF THE PAPER PUBLICATION IN THE 'KERALA KAUMUDI MALAYALAM DAILY' ON 13.6.2020