The Palakkad District O-Operative Bank vs K.M.Baby Rajan
2024 Latest Caselaw 5162 Ker

Kerala High Court

The Palakkad District O-Operative Bank vs K.M.Baby Rajan on 15 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

WP(C) NO. 12240 OF 2015                   1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
                                WP(C) NO. 12240 OF 2015
PETITIONER/S:

               THE PALAKKAD DISTRICT O-OPERATIVE BANK
               AGED 54 YEARS
               HPO ROAD, PALAKKAD DISTRICT, REPRESENTED BY ITS
               GENERAL MANAGER.

               BY ADVS.
               SRI.M.P.ASHOK KUMAR
               SMT.BINDU SREEDHAR
               SMT.R.S.MANJULA



RESPONDENT/S:

               K.M.BABY RAJAN
               "SUSHREE", MANISSERY P.O., OTTAPPALAM, PALAKKAD
               DISTRICT-679 521.

               BY ADV SRI.A.N.RAJAN BABU




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    15.02.2024,         THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 12240 OF 2015              2




                       P.V.KUNHIKRISHNAN, J
                   ---------------------------------------
                    W.P.(C.) No. 12240 of 2015
                    --------------------------------------
             Dated this the 15th day of February, 2024


                                JUDGMENT

The above writ petition is filed with following prayers :

"I Call for the record leading to Ext p4 and p6 orders II. Set aside Ext p4 award of the Co-operative Arbitration court Calicut and Ext P6 order of the Co. operative Tribunal Tivandrum III. Declare that the petitioner is not entitled to get seniority and other service benefits reckoning his deemed promotion and an employee is entitled to get service benefit only if he has actually discharged the official duties in that particular post. IV. Pass such other orders as this Hon'ble court deem it proper and necessary."[sic]

2. The respondent while working as Senior Accountant

in the petitioner-Bank was dismissed from service for major

misconduct is the submission. Later on, taking a lenient view,

he was reinstated in service in the lower post of Junior

Accountant on condition that he will not be entitled for any

other service benefits is the further submission. After

reinstatement, he repeated the misconduct and in the domestic

enquiry, he was found guilty and Bank reverted him. The

respondent filed OP 16154/01 before this Court and the

reversion was limited to six months. The judgment in OP

16154/01 was set aside by the Division Bench. Thereafter, ARC

No. 150/2007 was filed before the Arbitration Court claiming

seniority and arrears of salary in the revised scale of Senior

Accountant from 19.11.1999 till retirement. As per Ext.P4, the

Co-operative Arbitration Court decreed ARC 46/2012 (ARC No.

150/2007). Challenging Ext.P4 award, the Bank filed a revision

petition with a delay condonation petition of 276 days. The

delay petition was dismissed and consequently, the revision

was also dismissed as per Ext.P6 order. Aggrieved by the

same, this writ petition is filed.

3. Heard the learned counsel for the petitioner and the

learned counsel appearing for the respondent.

4. Tribunal after going through the delay condonation

petition observed that there is no proper explanation for

condoning the delay. Accordingly, the delay petition and

consequently, the revision is also dismissed. It is true that

there is a long delay of 427 days in filing the revision. But

since the petitioner-Co-operative Bank submitted that there is

great illegality in Ext.P4 order and the matter is to be heard by

the Tribunal on merit, I think taking a lenient view, the delay

can be condoned on terms. The petitioner has to pay an

amount of Rs.5,000/- to the Kerala Legal Service Authority and

produce a receipt before the Co-operative Tribunal,

Thiruvananthapuram. If the amount is paid and the receipt is

produced, the Co-operative Tribunal shall restore the revision.

Therefore, this writ petition is disposed of with the

following directions :

1) The petitioner shall pay an amount of Rs.5,000/- to the

Kerala Legal Service Authority within one month from the

date of receipt of a certified copy of this judgment.

2) Once such a payment is made and receipt is produced

before the Kerala Co-operative Tribunal,

Thiruvananthapuram, the Tribunal will restore the

Revision Petition No. 65/2014 and dispose the same on

merit.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 12240/2015

PETITIONER EXHIBITS

P1 : COPY OF THE JUDGMENT IN CCC 677 OF 2007 DTD.15.6.2007.

P2 : COPY OF THE ARC 150/07 BEFORE THE ARBITRATION COURT.

P3 : COPY OF THE APPLICATION FILED BY THE RESPONDENT IN ARC 150/12.

P4 : COPY OF THE AWARD IN ARC 46/2012 (OLD ARC 150/07) OF CO-OPERATIVE ARBITRATION COURT, KOZHIKODE, DTD.19.3.2013.

P5 : COPY OF THE DELAY PETITION FILED BY THE PETITIONER IN RP 65/2014.

P6 : COPY OF THE ORDER IN RP 65/2014 DTD.28.2.2015.