DEVOJI RAO Vs. TUMKUR CO-OPERATIVE MILK PRODUCERS SOCIETIES UNION LTD. AND THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) PETITIONER had joined service of the 1st respondent as a Helper. He was dismissed from the service on 26.12.1996. The order of dismissal become the subject matter in I.D. No. 11/1997 on the file of the Labour Court, Bangalore. On 30.10.2003 a Memo having been filed for withdrawal of the dispute and to approach the competent forum for the relief, the dispute was closed. Petitioner filed a dispute on 23.03.2011, before the 2nd respondent, under S. 70 of the Karnataka Cooperative Societies Act, 1959 (for short 'the Act'). An application was filed seeking condonation of delay of 508 days in filing the dispute. The 1st respondent having filed objections to the said application, the 2nd respondent passed an order on 30.01.2012 and allowed the application seeking condonation of delay. The 1st respondent assailed the said order in R.P. No. 43/2012 before the Karnataka Appellate Tribunal (for short 'the Tribunal). The Tribunal by an order dated 05.03.2013 allowed the revision petition and set aside the order passed by the 2nd respondent on 30.01.2012. Assailing the said order, this writ petition has been filed.

(2.) SRI Pradeep Kumar Bharadwaj, learned advocate for the petitioner contended that the Tribunal has acted arbitrarily and illegally in interfering with the order passed by the Arbitrator -2nd respondent on 30.01.2012 and hence, interference in the matter is warranted.

(3.) SRI K.A. Ariga, learned AGA, appearing for the 2nd respondent submitted that the record of the case may be examined and an appropriate order may be passed.