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2000 Supreme(Ker) 29

ARIJIT PASAYAT, K.S.RADHAKRISHNAN
K. P. Velayudhan – Appellant
Versus
State of Kerala – Respondent


Advocates:
T. R. Ramachandran Nair, for Appellant; Govt. Pleader, C.T. Ravikumar, (for Nos. 1 and 2) and M. Ramachandran (for Nos. 3), for Respondents.

Judgement

PASAYAT, C. J. :- Judgment of learned single Judge declining to interfere with Ext. P4 order of Government is under challenge in this Writ Appeal.

2. A brief reference to the factual aspects would suffice. Appellant was an employee of Cheruvathur Farmers Co-operative Bank Ltd. (hereinafter referred to as 'the Bank'). Disciplinary action was initiated against him. Finally, an order directing reduction in rank, as a measure of penalty, was passed. An appeal was preferred before the Board of the Bank which did not succeed. Dispute was raised by the appellant under Section 69 of the Kerala Co-operative Societies Act, 1969 (in short 'the Act'). Same was not entertained by Arbitrator on the ground that the controversy raised by appellant was not a "dispute" within the definition of the expression in Section 69. Accordingly petition filed by appellant was dismissed. A revision petition was filed before Government, purportedly under Section 87 of the Act. Government rejected the said petition holding that the impugned order was one under Section 70 of the Act and was therefore not revisable and only an appeal would lie under Section 82. Appellant moved this Court for interference.





































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