Parameswaran Pillai v. Chadayamangalam Rubber Marketing Co-Operative Society Ltd.

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.HARIPRASAD TUESDAY, THE 17TH DAY OF MARCH 2015/26TH PHALGUNA, 1936 OP(C).No. 717 of 2015 (O) -------------------------- (ARC 76/2003 OF KERALA CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM) ---------- PETITIONER :

----------------------- PARAMESWARAN PILLAI, PADINJATTINKARA HOUSE, ELAMAKKODE, CHADAYAMANGALAM, KOLLAM DIST.

BY SRI.N.DHARMADAN,SENIOR ADVOCATE ADV. SMT.D.P.RENU RESPONDENT(S):

----------------------------

1. CHADAYAMANGALAM RUBBER MARKETING CO-OPERATIVE SOCIETY LTD.Q374, REP. BY ITS SECRETARY, CHADAYAMANGALAM.P.O., KOLLAM DIST. PIN-691 534.

2. KERALA CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM-695 001 R2 BY GOVERNMENT PLEADER SMT. LILLY LESSLIE THIS OP (CIVIL) HAVING COME UP FOR ADMISSION ON 17-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

OP(C).NO.717/2015 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE JUDGMENT IN OP(C).NO.1384/2011 DATED 28/11/2011 OF THIS HON'BLE COURT.

P2 COPY OF THE DATE AND POSTINGS OF THE ARC 76/2003. RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.A.TO.JUDGE sts

A.HARIPRASAD, J.

--------------------------------------------- O.P.(C).No.717 of 2015 --------------------------------------------- Dated this the 17th day of March, 2015

J U D G M E N T

Petitioner is aggrieved by the delay caused in disposing ARC 76 of 2003 pending before the Co-operative Tribunal, Thiruvananthapuram.

2.

Petitioner was a clerk in Chadayamangalam Rubber Marketing Co-operative Society. On an allegation of misconduct against him, an enquiry under Section 65 of the Kerala Co-operative Societies Act was conducted. He was suspended from service on 21.10.2000. Later, on the basis of the enquiry report, he was dismissed from service with effect from 25.02.2002. Petitioner took up the dispute before the Co-operative Arbitration Court, seeking to set aside the order of dismissal.

3.

Heard the learned counsel for the petitioner. 4.

Grievance of the petitioner is that there is undue delay in disposing the matter pending before the second respondent. Only request is to issue a direction to

O.P.(C).No.717 of 2015 expedite the matter. I do not find any reason to issue notice to the respondents.

5.

After hearing the learned counsel for the petitioner and also on perusal of the records, I am of the view that O.P.(C) can be disposed with the following direction:

Second respondent shall hear and dispose of ARC 76 of 2003 pending before the Co-operative Arbitration Court, Thiruvananthapuram within a period of three months from the date of production of this judgment without any breach.

The Original Petition is disposed of with the above direction.

Sd/- A.HARIPRASAD, JUDGE.

AS