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K.T. THOMAS, KINATTUKARA HOUSE versus THE KERALA CO

High Court of Kerala

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K.T. THOMAS, KINATTUKARA HOUSE v. THE KERALA CO-OPERATIVE TRIBUNAL - WA No. 2044 of 2004(E) [2007] RD-KL 16817 (6 September 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 2044 of 2004(E)

1. K.T. THOMAS, KINATTUKARA HOUSE,
... Petitioner

Vs

1. THE KERALA CO-OPERATIVE TRIBUNAL,
... Respondent

2. THE THIDANADU SERVICE CO-OPERATIVE

3. THE JOINT REGISTRAR OF CO-OPERATIVE

For Petitioner :SRI.P.C.SASIDHARAN

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice K.S.RADHAKRISHNAN The Hon'ble MR. Justice A.K.BASHEER

Dated :06/09/2007

O R D E R

K.S.RADHAKRISHNAN & A.K.BASHEER, JJ

W.A.2044/2004

Dated this the 6th day of September, 2007



JUDGMENT

Radhakrishnan, J

It is unnecessary to refer to the facts of the case in detail for the disposal of this appeal. Ext.P1 is the award passed by the Arbitrator directing the bank to pay to the petitioner for the period from 16.12.1985 to 31.7.1991 an amount calculated at monthly rate of 50% of salary eligible to him, if he had continued in the service of the bank, as damages. Against that decision an appeal was preferred before the Tribunal which was dismissed by Ext.P4 judgment dated 11.6.1999 upholding the order of the Arbitrator. Aggrieved by the same, O.P.22425/1999 was filed before the learned Single Judge and found no illegality in the award passed by the Arbitrator which was confirmed by the Tribunal. Considering the facts and circumstances of the case, we find no reason to upset the award which in our view is just and proper.

2. Counsel appearing for the appellant submitted that the award passed by the Arbitrator has not been implemented so far. W.A.2044/2004 2

3. In such circumstances, we are inclined to dispose of this appeal with a direction to the second respondent to disburse the amount as per the award with 9% interest per annum from 29.4.1993 till the date of payment. The amount would be disbursed within a period of two weeks from the date of receipt of a copy of this judgment.

4. Counsel for the appellant also submits that he is aged 76 and he is entitled to get gratuity and other benefits. We express no opinion on that contention and the petitioner if so advised may take up the matter before the appropriate authority. K.S.RADHAKRISHNAN Judge A.K.BASHEER Judge mrcs


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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