THILAKAN Vs. M C V CO OPERATIVE SOCIETY

JUDGEMENT

(1.) The Kerala Cooperative Tribunal, Trivandrum, in the order Ext. P3 which is under challenge here, held that there is no question of applying the provisions of the Limitation Act, 1963 in the matter of adjudication of a claim under S.60 of the Travancore Cochin Cooperative Societies Act 1952 materially corresponding to S.69 of the Kerala Cooperative Societies Act. The only ground of attack as against Ext. P3 order is that the Tribunal was in error in holding that the Limitation Act would not apply in the matter of adjudication of the claim under the provisions of S.60 of the Travancore Cochin Cooperative Societies Act or S.69 of the Kerala Cooperative Societies Act.

(2.) No period of limitation is prescribed in the Travancore Cochin Act or in the Kerala Act for adjudication of a claim under the Act, whether it be an adjudication by the Registrar himself or an adjudication by arbitrators to whom he refers the matter for decision. The provisions of Indian Limitation Act are not made applicable to proceedings under the Cooperative Societies Act. Nevertheless the petitioners contend that it should be deemed to be applicable and in support of this reliance is placed on S.37 of the Arbitration Act 1940. Sub-s.(1) of S.37 of this Act provides that all the provisions of the Indian Limitation Act, 1908, shall apply to arbitrations as they apply to proceedings in Court. Counsel therefore contends that since this is a case of arbitration the provisions of the Limitation Act must apply. But it is evident that the reference to arbitrations in S.37(1) of the Arbitration Act can only be read as reference to arbitration under the said Act. It is by virtue of S.46 of the Arbitration Act, 1940 that the provisions of the Arbitration Act are extended to other enactments relating to arbitration. That section reads:

(3.) Even otherwise in view of the decision of the Full Bench of this Court in Jokkim Fernandez v. Amina Kunhi Umma ( 1973 KLT 138 ) it may not be possible to accept the contention of the petitioner that provisions of the Limitation Act must be read as applicable to proceedings before the arbitrator under the Cooperative Societies Act. That the provisions of the Limitation Act are applicable only to proceedings before a court and "court' in that context refers to Tribunals the proceedings before which are governed by the provisions of the Code of Civil Procedure or in some cases of the Code of Criminal Procedure has been held by the Full Bench. Reference has been made in that case to the decision of the Supreme Court in Athani Municipality v. Labour Court, Hubli ( AIR 1969 SC 1335 ) which has expressed the view that an Industrial Tribunal or Labour Court will not be a court within the scope of the terms as used in the Limitation Act. Therefore, in any view of the matter the petitioners cannot succeed.