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2017 Supreme(Online)(KER) 9088

HIGH COURT OF KERALA
SHAJI P.CHALY, J
THE PERDALA CO-OPERATIVE BANK LTD NO – Appellant
Versus
THE CO-OPERATIVE ARBITRATION – Respondent


JUDGMENT

The petitioner society has filed this writ petition seeking to quash Ext.P6 award passed by the Arbitration Court in A.R.C. No.149/2011 (old No.A.R.C 78/2010) dated 11.06.2013, by which the relief sought for by the petitioner (2nd respondent herein) was granted and directed the petitioner society to pay an amount of Rs.6,48,775/- towards balance gratuity. The said order is not under challenge before the Co-operative Tribunal, in accordance with the provisions of the Kerala Co-operative Societies Act, 1969 . However, the petitioner society has chosen to challenge the same before this Court.

2. A counter affidavit is filed by the 2nd respondent refuting the allegations and claims and demands raised by the petitioner. It is also submitted that, the award passed by the Arbitration Court is in accordance with law and taking into account the provisions of the Payment of Gratuity Act, 1972 , read along with Rule 59 of the Kerala Co-operative Societies Rules, 1969.

W.P.(C) No.14547 of 2013

3. I have heard learned counsel for the petitioner and the learned counsel appearing for the 2nd respondent. Perused the documents on record and the pleadings put forth by the respective parties.

4.

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