NARAYANAN NAIR Vs. CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) Petitioner is aggrieved by Ext. P4 judgment of the Kerala Cooperative Tribunal. Petitioner was a salesman in the service of the second respondent society from 1962 to 1982. He filed A.R.C. No. 876 of 1986 before the third respondent claiming arrears of salary of Rs. 18,953.48 with 12% interest per annum for the period from 1.1.1974 to 31.8.1982. Application was preferred under S.69 of the Kerala Cooperative Societies. Act. The matter was seriously contested by parties. Ultimately, the arbitrator passed the following award:

(2.) Aggrieved by the award, the second respondent society preferred an appeal before the Cooperative Tribunal. Cooperative Tribunal however, allowed the appeal and set aside the award stating as follows:

(3.) The judgment of the Tribunal was seriously challenged by counsel for the petitioner. Counsel contended that if the petition filed before the Arbitrator under S.69(1) was in any way defective, the same ought to have been rejected at the threshold and therefore, he should have filed another application, if there was deficiency in court fee. Further counsel contended that no contention was raised by the society before the arbitrator with regard to deficiency in court fee and arbitrator has no case that court fee paid was deficient and therefore, petition should not be entertained. Counsel further contended that even going by R.67(7) of the Rules, petitioner need remit only Rs. 50/- which he has already paid. Counsel further contended that there is no necessity of paying Rs. 21 - towards court fee.