Kerala High Court
Kerala State Cooperative Bank Ltd vs The Presiding Officer on 11 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
WP(C) NO. 14994 OF 2024
PETITIONER:
KERALA STATE COOPERATIVE BANK LTD, CO-BANK TOWERS,
PALAYAM, THIRUVANANTHAPURAM REPRESENTED BY ITS CHIEF
EXECUTIVE OFFICER JORTY M CHACKO, AGED 60 YEARS, S/O
CHACKO, RESIDING AT FLAT NO. B, SREE DHANYA, ESWARA
VILASAM ROAD, VAZHUTHACAUD P.O., THIRUVANANTHAPURAM,
PIN - 695033
BY ADV THOMAS ABRAHAM
RESPONDENTS:
1 THE PRESIDING OFFICER, CENTRAL GOVERNMENT INDUSTRIAL
TRIBUNAL-CUM-LABOUR COURT, KERALA STATE HOUSING BOARD
BUILDING, 8TH FLOOR, MANORAMA JUNCTION, KADAVANTHARA,
PIN - 682020
2 REGIONAL PROVIDENT FUND COMMISSIONER, EMPLOYEES
PROVIDENT FUND ORGANIZATION, REGIONAL OFFICE,
BHAVISHYANIDHI BHAVAN, PATTOM, THIRUVANANTHAPURAM,
PIN - 695004
SRI.P.G.JAYASHANKAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 14994/24
2
JUDGMENT
The petitioner asserts that Ext.P5 Statutory Appeal has been
pending before the 1st respondent, along with an application for
interim orders; but that even before the same has been considered,
the 2nd respondent is pursuing recovery action against them, on the
strength of Ext.P4. They, therefore, pray that the 1st respondent be
directed to consider Ext.P5 Appeal, along with the accompanying
petitions; and further that the 2nd respondent be directed to defer
all recovery proceedings pursuant to Ext.P4 order.
2. The learned Standing Counsel for the 2nd respondent -
Sri.P.G.Jayashanker, responded to the afore submissions of
Sri.Thomas Abraham - learned counsel for the petitioner, saying
that if the petitioner only requires Ext.P5 Appeal to be taken up
and disposed of by the 1st respondent, his client will not stand in
the way of appropriate orders being issued by this Court, however,
praying that a time frame be fixed for such purpose.
In the afore circumstances, I allow this Writ Petition and
direct the 1st respondent - Presiding Officer, Central Government
Industrial Tribunal-cum-Labour Court, to take up Ext.P5 Appeal, as
also its accompanying petitions and dispose them of, as
expeditiously as is possible.
If, the Appeal is not able to be disposed of within a period
of three months from the date of receipt of a copy of this
judgment, the interim applications will be so done and the
resultant order communicated to the petitioner immediately
thereafter.
Needless to say, until such time as either of the afore is done
and the order communicated to the petitioner, all further coercive
action pursuant to Ext.P4 will stand deferred.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
APPENDIX OF WP(C) 14994/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE LETTER DATED
13/02/1998 ISSUED BY THE 2ND RESPONDENT
Exhibit P2 THE TRUE COPY OF THE JUDGMENT DATED
24/05/2023 OF THE HON'BLE HIGH COURT OF
KERALA IN W.P.(C) NO.17076 OF 2011
Exhibit P3 THE TRUE COPY OF THE SUMMONS
NO.KR/TVM/2575/DAMAGES CELL/2023-24/3604
ISSUED UNDER 14B OF THE ACT DATED
07/07/2023
Exhibit P4 THE TRUE COPY OF THE ORDER
NO.KR/TVM/2575/DAMAGES CELL/2023-24/13732
DATED 05/03/2024
Exhibit P5 THE TRUE COPY OF THE P.F APPEAL NO. 47 OF
2024 ALONG WITH ACCOMPANYING
INTERLOCUTORY APPLICATIONS FILED BY THE
PETITIONER BEFORE THE CENTRAL GOVERNMENT
INDUSTRIAL TRIBUNAL-CUM-LABOUR COURT,
ERNAKULAM
