TIPPUR HALU UTPADAKARA SAHAKARA SANGHA NIYAMITHA Vs. ASSISTANT REGISTRAR, THE ARBITRATOR AND T.N. SHANKAR

JUDGEMENT

(1.) 3rd respondent was terminated from service on 20.03.2006 by the petitioner. The order of termination was questioned by filing a dispute under Section 70 of the Karnataka Co -operative Societies Act, 1959. The 2nd respondent allowed the dispute on 26.04.2008 and directed the petitioner to reappoint the 3rd respondent. On 10.06.2008, 3rd respondent was reappointed as a Office Assistant by the petitioner. Feeling aggrieved and contending that the appointment is not in terms of the award passed on 26.04.2008, 3rd respondent approached the 1st respondent, who issued a communication to the petitioner on 02.07.2008 and directed reinstatement into service as a Secretary of the petitioner - Society. Petitioner preferred Appeal No. 452/2008 on 22.07.2008, questioning the communication dated 02.07.2008 of the 1st respondent. Petitioner filed an I.A. under Order VI Rule 17 CPC r/w Regulation 13 of the Karnataka Appellate Tribunal Regulations seeking permission to amend the prayer column of the appeal i.e., to call for the records in Dispute No. ART 7/05 -06 on the file of the Department Arbitrator at Gubbi and to modify the award dated 26.04.2008 i.e., for reinstatement of the 3rd respondent in any other capacity in the petitioner - Society. The Kamataka Appellate Tribunal without taking into consideration the said application dismissed the appeal as not maintainable, by a judgment dated 10.11.2011, as at Annexure -A. Assailing the said judgment, this writ petition has been filed. Heard Sri. H.S. Santhosh, learned counsel for the petitioner, Sri. K.A. Ariga, learned AGA for respondents 1 and 2 and Sri. T.S. Niranjan, learned Advocate for the 3rd respondent and perused the writ petition record. Award passed on 02.07.2008, against the petitioner was questioned in Appeal No. 452/2008 before the Karnataka Appellate Tribunal. During the pendency of the appeal, an application seeking amendment of the appeal memorandum i.e., to incorporate an additional prayer having been filed, before deciding the appeal, there was an obligation on the part of the Tribunal to have considered the application and passed appropriate order. Without deciding the application, which appears to have some relevance in the matter, the appeal has been held as not maintainable and dismissed. Impugned judgment is vitiated on account of non -consideration and disposal of the pending application prior to the appeal being decided. Hence, the impugned judgment cannot be sustained. In the result, writ petition is allowed and the impugned judgment passed by the Karnataka Appellate Tribunal is quashed. Consequently, Appeal No. 452/2008 is restored for consideration by the Karnataka Appellate Tribunal, which is directed to consider the application filed by the petitioner under Order VI Rule 17 CPC r/w Regulation 13 of the Karnataka Appellate Tribunal Regulations and decide the appeal expeditiously and within a period of two months from the next hearing date. In order to expedite the consideration and disposal of the appeal, the petitioner and 3rd respondent are directed to appear before the Karnataka Appellate Tribunal on 05.07.2013 and receive further orders. Contentions of both the parties are kept open for consideration by the Tribunal. Learned AGA is permitted to file memo of appearance within a period of four weeks.