ANITHA PILLAY Vs. CO OP TRIBUNAL

JUDGEMENT

(1.) A short but interesting question has cropped up in this Original Petition. The question is whether an appellant before the Kerala Cooperative Tribunal (for short 'the Tribunal') is obliged to remit fee for notice or summons to be sent to the opposite parties. An appeal filed before the Tribunal was rejected by Ext. P9 order on the ground that process fee was not paid. The said order is challenged in this Original Petition.

(2.) The petitioner was deputy warden in a women's hostel attached to Calicut University. For some amount claimed to be due to 2nd respondent respondent Cooperative Store, Ext. P5 award was passed by an inspector of Cooperative Department who acted as arbitrator, holding four persons (including the petitioner) liable to pay the amount claimed in equal shares to the 2nd respondent.

(3.) Learned counsel for the petitioner first contended that the posting date of 16-4-1990 was never intimated to the petitioner and hence her absence should not have resulted in any consequence. Be that as it may, I shall proceed to consider the question whether the petitioner was obliged to pay any process fee.