RAVINDRANATHA PILLAI Vs. KERALA CO OPERATIVE TRIBUNAL

JUDGEMENT

(1.) This writ petition was heard and the judgment was dictated on 23-2-1979; however, as clarifications on certain points were felt necessary the judgment was not signed, and the matter was ordered to be reposted; this judgment is now pronounced after having heard the matter further today.

(2.) The petitioner is a member of the Arbor Village Service Cooperative Society of which the second respondent is the Secretary. The Society initiated arbitration proceedings against the petitioner for realising amounts alleged to have been due from him to it. The Arbitrator (the Assistant Registrar of Cooperative Societies) passed an ex parte award fixing the liability of the petitioner. Revision Petition No. 27 of 1974 against the award, preferred by the petitioner was dismissed by the first respondent, the Kerala Cooperative Tribunal. Ext. P1 is the copy of the revision memorandum dated 15-11-1974, and Ext. P2 is the copy of the common judgment of the 1st respondent dated 11-12-1976 disposing of Revision Petition No. 27 of 1974 along with Revision Petition Nos. 28 and 29 of 1974.

(3.) In revision petition No. 27 of 1974, with which alone we are concerned in this writ petition, the question of law raised by the petitioner related to the non compliance with the procedure prescribed in R.67(4)(b) of the Kerala Cooperative Societies Rules, 1969, hereinafter referred to as the Rules, by the Arbitrator while passing the ex parte award which gave rise to the revision. R.67(4)(b) reads as follows: