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2008 Supreme(Ker) 350

THOTTATHIL B.RADHAKRISHNAN
Board of Directors, Edava Service Co-operative Bank Ltd, Represented by its President – Appellant
Versus
Co-operative Arbitration Court, Represented by the Assistant Registrar/Secretary – Respondent


Advocates Appeared:For the Petitioners:C.E. Unnikrishnan, Advocate. For the Respondents: Anu Sivaraman, Government Pleader.

Judgment :

1. Thethird respondent invoked Section 69(1) of the Kerala Co-operative Societies Act, 1969, hereinafter referred to as the “Act”, for decision of the dispute, between him and his employer, the second petitioner, a co-operative bank, on account of his dismissal from service. The bank raised a preliminary objection that dismissal is not a matter that would fall under Section 69(1) and no question of reinstatement in service can be considered by the Arbitrator. That plea was turned down. This writ petition if filed by the bank and its Board of Directors challenging that decision.

2. Learned counsel for the petitioners argued that sub-section (1) of Section 69 read with subsection (2) of that section does not bring a dispute relatable to dismissal and a claim for reinstatement, within the purview of the term “dispute”, for the purpose of that provision. The contention is that Section 69(2)(d) has been couched in such a way that it cannot include a dispute touching dismissal or reinstatement. It is argued that specific inclusion of the words “including their promotion and inter se seniority” in section 69(2)(d) is sufficient legislative material to conclude that the disputes






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