C.Leela v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE V.CHITAMBARESH TUESDAY, THE 6TH DAY OF JANUARY 2015/16TH POUSHA, 1936 WP(C).No. 25914 of 2014 (L) -------------------------------------- PETITIONER:

-------------------- C.LEELA, W/O. NARAYANAN, PART-TIME SWEEPER ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD NO.2069, ADICHANALLOOR.P.O KOLLAM-691573.

NOW RESIDING AT:MAMPUZHATHU VEEDU ADICHANALLOOR.P.O, KOLLAM-691573.

BY ADVS.SRI.DIPU.R SRI.SANAL P.RAJ DHANYA BABU RESPONDENTS:

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

1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, OFFICE OF THE REGISTRAR OF CO-OPERATIVE SOCIETIES STATUE, THIRUVANANTHAPURAM-695001.

3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, COLLECTORATE, KOLLAM-691013.

4. THE ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD, NO.2069, ADICHANALLOOR.P.O KOLLAM-691573.

REPRESENTED BY ITS MANAGING DIRECTOR.

5. THE BOARD OF DIRECTORS OF ADICHANALLOOR FARMERS SERVICE CO-OPERATIVE BANK LTD,NO.2069, ADICHANALLOOR.P.O, KOLLAM-691573.

REPRSENTED BY ITS PRESIDENT R1 TO R3 BY GOVERNMENT PLEADER SRI. T.R. RAJESH R4 & R5 BY ADVS. SRI.G.D.PANICKER SMT.JEENA JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 25914 of 2014 (L) ------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1 COPY OF CIRCULAR NO.46/00,DATED 15.1.2001.

EXT.P2 COPY OF THE ORDER NO.C.R.P.(2)3983/06,DATED 24.8.2006 EXT.P3 COPY OF THNE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 24.02.2010,BEFORE THE 3RD RESPONDENT EXT.P4 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 17.4.2010,BEFORE THE 5TH RESPONDENT EXT.P5 COPY OF THE G.O.(P).501/2005/FIN DATED 25.11.2005 EXT.P6 COPY OF THE LETTER NO.A:1825/2012,DATED 1.8.2012 EXT.P7 COPY OF THE LETTER REF.3050,DATED 3.9.2012 EXT.P8 COPY OF THE JUDGMENT IN W.P(C)19563/2010,DATED 26.8.2013 EXT.P9 COPY OF THE I.A.25 OF 2014 IN ARC NO.34/2014 EXT.P10 COPY OF THE ORDER IN I.A.25/2014 IN ARC 34/2014 DATED 4.9.2014 EXT.P11 COPY OF THE VOUCHER DATED 4.7.2014 EXT.P12 PHOTOGRAPH.

RESPONDENT(S)' EXHIBITS:- --------------------------------------- EXT. R4(a):

A TRUE PHOTOCOPY OF THE CERTIFICATE DATED 07.08.2010 ISSUED BY THE DISTRICT EXECUTIVE OFFICER OF THE KERALA CASHEW WORKERS RELIEF & WELFARE BOARD.

EXT. R4(b):

A TRUE PHOTOCOPY OF THE MEMBERSHIP REGISTER OF THE KERALA CASHEW WORKERS RELIEF & WELFARE BOARD /TRUE COPY/ P.A. TO JUDGE

V. CHITAMBARESH, J --------------------------------------- W.P.(C). NO. 25914 OF 2014 ---------------------------------------- Dated this the 06th day of January, 2015

JUDGMENT

The employer-employee relationship between the fourth respondent and the petitioner is pending adjudication in the arbitration case. It will be inequitable therefore to permit the petitioner to do sweeping job in the fourth respondent bank pending arbitration case. I do not therefore propose to interfere with Ext. P10 interim order passed in the arbitration case pending.

2.

I however direct the Co-operative Arbitration Court, Thiruvananthapuram to dispose of A.R.C. No. 34/2014 on its file expeditiously. Every endeavour shall be made to take the proceedings to a logical end within a period of four months from today.

The writ petition is disposed of.

V. CHITAMBARESH JUDGE