TRIVANDRUM DT CO OPERATIVE BANK LTD Vs. THANKAPPAN

JUDGEMENT

(1.) The petitioners challenge Exts. P3 and P4 dated 21-1-1977 and 30-6-1977 respectively. The Kerala Cooperative Tribunal, Trivandrum held by Ext. P3 that the revision filed by the petitioner against the order of the first respondent was maintainable. Consequently the revision was disposed of on merits by Ext. P4 in favour of the first respondent. These two orders are challenged on the ground that no revision was maintainable against the award of the arbitrator by reason of the bar of Clause (b) of the proviso to S. 84 of the Kerala Cooperative Societies Act, 1969, ('the Act') and also by reason of res judicata.

(2.) Petitioner's counsel Shri P Sukumaran Nair contends that there was a decision on the merits when the first respondent's appeal against the award was dismissed on the ground of limitation. Counsel further contends that the dismissal of the appeal, albeit by reason of time bar, constituted res judicata. He says that the award of the Tribunal had become the subject matter of an appeal so as to attract the bar of Clause (b) of the proviso to S.84.

(3.) S.84 confers power of revision upon the Tribunal. The first proviso to that section, however, says: