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Judgment
A.N. Venugopala Gowda, J.—Petitioners 1 and 2 are the President and General Manager respectively of the 3rd petitioner - Vishwakarma Sahakara Bank Ltd., Mangalore -575 001. Based on an enquiry report dated 17.11.2008, the 3rd respondent was compulsorily retired from service, which was assailed in a dispute filed u/s 70 of the Karnataka Cooperative Societies Act, 1959 ("the Act" for short) before the 1st respondent. The dispute having been allowed, feeling aggrieved, the 3rd respondent has filed Appeal No. 476/2012, in the Karnataka Appellate Tribunal. Since the impugned award has not been stayed and was not been given effect to, 3rd respondent has filed a petition under S. 111(2) of the Act, before the 2nd respondent, to accord permission for prosecution of the petitioners, for not giving effect to the award dated 21.5.2012. A notice of the proceeding initiated under S. 111(2) of the Act, as at Annexure-A, having been issued, this writ petition has been filed to quash the said notice and direct the Karnataka Appellate Tribunal to hear and decide Appeal No. 476/2012 expeditiously. Learned counsel appearing for the petitioners contended that, since Appeal No. 476/2012 is pending before the Tribunal, 3rd respondent is unjustified in seeking permission for prosecution of petitioners alleging non-implementation of the award dated 21.5.2012, which has not attained finality and that the 2nd respondent has mechanically issued the notice as at Annexure-A. Learned counsel submitted that the Tribunal may be directed to decide the appeal expeditiously and that the appellant would render necessary co-operation for disposal of the appeal within the stipulated period.
Sri N. Ramachandra, learned counsel appearing for the 3rd respondent on the other hand submitted that time and again, appellant in Appeal No. 476/2012 has obtained adjournments and since 3rd respondent has been kept out of employment with effect from 17.11.2008, he being left with no other alternative, initiated proceeding under S. 111(2) of the Act. Learned counsel submitted that, but for the request/s made by the petitioners, Appeal No. 476/2012 would have been decided by the Tribunal. Learned counsel submitted that in the circumstances, petitioners are not entitled to any relief.
Perused the writ record. Appeal No. 476/2012 having been filed questioning the award dated 21.5.2012 passed by the 1st respondent and an application seeking stay of the operation and execution of the impugned award having been made, the Tribunal ought to have passed an order, on the application for stay of the impugned Award. Instead, the Tribunal has decided to hear the appeal itself and has deferred the consideration of the LA. for stay. In the circumstances, no fault can be found with the petitioners for not implementing the award dated 21.5.2012. Since Appeal No. 476/2012 is ready for hearing and the learned counsel appearing for the petitioners submitted that she would argue the matter on 13.8.2013, directing the petitioners to immediately file an application seeking pre-ponement of the appeal to 13.8.2013 and enable the Tribunal to decide the matter expeditiously, the writ petition can be disposed of.
In the result, writ petition is disposed of. The Tribunal is directed to decide Appeal No. 476/2012 before 30.9.2013. If an application seeking pre-ponement of the case is filed by the petitioners/appellants, the appeal be pre-poned to 13.8.2013 and taken up for immediate consideration. Sri N. Ramachandra, appearing for respondent No. 3 i.e., respondent in the appeal, submitted that he would co-operate in the matter of deciding of the appeal within the stipulated period.
In the circumstances, the 2nd respondent is directed to put of the consideration of Misc. Petition No. UBC.1/376/UMC/2012-13 till the hearing and disposal of Appeal No. 476/2012 i.e., on or before 30.9.2013. Depending upon the final outcome in Appeal No. 476/2012, the 2nd respondent to proceed in No. UBC.1/376/UMC/2012--2013, in accordance with law.
No costs.