SHEEMA MOLE J.VELIYANNUKARAN v. THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD NO.S.IND (R) 240, DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR - 680003

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941** ## **WP(C).No.34922 of 2016** ## **PETITIONER:** **SHEEMA MOLE J.VELIYANNUKARAN THAYYALAKKAL HOUSE, P.O. ALAGAPPA NAGAR, THRISSUR.** **BY ADVS. SRI.P.N.MOHANAN SRI.C.P.SABARI** ## **RESPONDENTS:** **1 GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR- 680 003. 2 THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD.N.S.IND (R) 240, DIC, AYYANTHOLE, THRISSUR DISTRICT - 680 003. REPRESENTED BY IT'S PRESIDENT/MANAGING DIRECTOR 3 DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, 2ND FLOOR, TOWN HALL ROAD, THRISSUR TOWN, THRISSUR - 680 020. 4 THE MANAGING COMMITTEE OF THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD.N.S.IND (R)240, REPRESENTED BY PRESIDENT, DIC, AYYANTHOLE, THRISSUR DISTRICT - 680 003. 5 P.K.SHEENA, CLERK, THRISSUR DISTRICT MINI INDUSTRIAL ESTATE COOPERATIVE SOCIETY LTD.N.S.IND (R)240, DIC, AYYANTHOLE, THRISSUR DISTRICT - 680 003. BY ADV. SRI.T.R.HARIKUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2019, ALONG WITH WP(C).2047/2017, WP(C).2556/2017, WP(C).38782/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.34922/2016 and con.cases** **2** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941 WP(C).No.38782 of 2016** ## **PETITIONERS:** |**1**|**THE BOARD OF DIRECTORS OF THE THRISSUR DISTRICT**| |---|---| ||**MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD.**| ||**NO.S.IND(R) 240, REPRESENTED BY ITS CHAIRMAN,**| ||**DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,**| ||**THRISSUR DISTRICT-680003.**| |**2**|**THE THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-**| ||**OPERATIVE SOCIETY LTD.NO.S.IND(R) 240, REPRESENTED**| ||**BY ITS MANAGING DIRECTOR,DISTRICT INDUSTRIES**| ||**CENTRE, AYYANTHOLE,THRISSUR DISTRICT-680003.**| **BY ADV. SRI.T.R.HARIKUMAR** ## **RESPONDENTS:** |**1**|**SHEEMA MOLE J.VELIYANNUKKARAN,**| |---|---| ||**VELIYANNUKKARAN HOUSE, KUNNAMKATTUKARA P.O.,**| ||**THRISSUR DISTRICT-680751.**| |**2**|**THE GENERAL MANAGER,**| ||**DISTRICT INDUSTRIES CENTRE, AYYANTHOLE,**| ||**THRISSUR DISTRICT-680003.**| |**3**|**THE KERALA CO-OPERATIVE TRIBUNAL,**| ||**THIRUVANANTHAPURAM-695001.**| ||**BY ADVS.**| ||**SRI.P.N.MOHANAN**| ||**SRI. BIMAL K.NATH SR GP**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2019, ALONG WITH WP(C).34922/2016, WP(C).2047/2017, WP(C).2556/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.34922/2016 and con.cases** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941** ## **WP(C).No.2047 of 2017** ## **PETITIONERS:** **SHEENA P K, CLERK, THRISUR DISTRICT MINI INDUSTRIAL ESTATE COOPERATIVE SOCIETY LIMITED NO.S.IND(R) 240, DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR 680 003.** **BY ADVS. SRI.P.RAMAKRISHNAN SMT.ASHA K.SHENOY SMT.PREETHI RAMAKRISHNAN (P-212) SRI.C.ANIL KUMAR SRI.PRATAP ABRAHAM VARGHESE SRI.T.C.KRISHNA** ## **RESPONDENTS:** **1 THRISSUR DISTRICT MINI INDUSTRIAL ESTATE COOPERATIVE SOCIETY LIMITED NO.S.IND (R) 240, DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR - 680 003, REP. BY ITS MANAGING DIRECTOR.** **2 THE BOARD OF DIRECTORS OF THE THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LIMITED NO. S IND (R) 240, DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR - 680 003, REP. BY ITS CHAIRMAN.** **3 THE MANAGING DIRECTOR, THRISSUR DISTRICT MINI INDUSTRIAL ESTATE COOPERATIVE SOCIETY LIMITED NO. S. IND (R) 240, DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR 680 003.** - **4 THE GENERAL MANAGER DISTRICT INDUSTRIESL CENTRE, AYYANTHOLE, THRSISSUR 680 003.** **WP(C).No.34922/2016 and con.cases** **4** **5 SHEENA MOLE.J VELIYANNUKARAN, VELIYANNUKKARA HOUSE, KUNNAMAKATTUKARA PO, THRISSUR 680 751.** **BY ADVS. SRI.P.N.MOHANAN SRI.T.R.HARIKUMAR** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2019, ALONG WITH WP(C).34922/2016, WP(C).38782/2016, WP(C).2556/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.34922/2016 and con.cases** **5** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **THURSDAY, THE 11TH DAY OF JULY 2019 / 20TH ASHADHA, 1941** **WP(C).No.2556 of 2017** **AGAINST THE ORDER/JUDGMENT IN OTHERS 28/2016 of KERALA COOP.TRIBUNAL, THIRUVANANTHAPURAM.** ## **PETITIONER:** **THE BOARD OF DIRECTORS OF THE THRISSUR DISTRICT MINI INDUSTRIAL ESTATE CO-OPERATIVE SOCIETY LTD.NO.S.IND (R) 240,REPRESENTED BY ITS CHAIRMAN,DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR DISTRICT.680 003.** **BY ADV. SRI.T.R.HARIKUMAR** ## **RESPONDENTS:** **1 SHEEMA MOLE J.VELIYANNUKKARAN, VELIYANNUKKARAN HOUSE, KUNNAMKATTUKARA.P.O., THRISSUR DISTRICT.680 751.** **2 THE GENERAL MANAGER, DISTRICT INDUSTRIES CENTRE, AYYANTHOLE, THRISSUR DISTRICT.680 003.** **3 THE KERALA CO-OPERATIVE TRIBUNAL, THIRUVANANTHAPURAM.695 001.** **BY ADVS. SRI.P.N.MOHANAN GOVERNMENT PLEADER SRI.BIMAL K.NATH, SR.GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.07.2019, ALONG WITH WP(C).34922/2016, WP(C).38782/2016, WP(C).2047/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No.34922/2016 and con.cases** **6** ## **JUDGMENT** Among the four writ petitions above, two have been filed by the Thrissur District Mini Industrial Estate Cooperative Society (hereinafter referred as “the Society” for short), one by an employee by name Smt.Sheema Mole and the last one by another employee by name Smt.Sheena P.K. 2. In all these cases, the essential issue is whether Smt.Sheema Mole is entitled to be reinstated in service of the Society under the orders of the Arbitration Court and the Cooperative Arbitration Tribunal. While the Society has filed W.P. (C).Nos.38782/2016 and 2556/2017 challenging the Awards of the Arbitration Tribunal, which set aside the disciplinary action and punishment imposed on Smt.Sheema Mole and ordered her reinstatement; W.P.(C).No.34922/2016 has been filed by her seeking that said Awards be implemented, whereby to mean that she be reinstated. 3. The above being so, the Society issued an order to remove the incumbent in service Smt.Sheena P.K., so as to accommodate Smt.Sheema Mole if she is to be accommodated, forcing Smt.Sheena P.K to file W.P.(C) **WP(C).No.34922/2016 and con.cases** **7** No.2047/2017, challenging the said order of the Society as being untenable and illegal. 4. Even though I have narrated the essential factual circumstances as afore, it is indubitable that unless and until Smt.Sheema Mole is legally required to be reinstated in service, none of these matters will need to be considered in detail. I say this because, even though the Tribunal has directed Smt.Sheema Mole to be reinstated in service, a Division Bench of this Court in **Ambika v. The Kottappady Service Co-operative Bank Ltd. [2018 (3) KLT 779]** , has now declared the law emphatically that Co-operative Tribunals or Arbitration Courts cannot order reinstatement of dismissed employees and can only adjudicate and quantify the compensation payable to them, if so found deserving. That being so, the writ petition filed by Smt.Sheena P.K., namely, W.P.(C).No.2047/2017 has now become unnecessary for consideration, since her position is safe, because the reinstatement of Smt. Sheema Mole cannot now happen. 5. Be that as it may, the challenge of the Society to the orders of the Arbitration Court and Tribunal, namely, against the impugned order in W.P.(C) Nos.38782/2016 and **WP(C).No.34922/2016 and con.cases** **8** 2556/2017 would also now be not necessary for a detailed evaluation, since I am certain that the impugned Award of the Arbitration Tribunal will require to be modified by it, taking note of the directions of this Court in **Ambika (Supra).** I, therefore, do not propose to look into any of the contentions of the Society on the findings in the Award at this point of time and deem it appropriate to leave it open for them to pursue in future, as an when the modified Award is issued by the Arbitration Tribunal. 6. Axiomatically, therefore, W.P.(C).No.34922/2016 filed by Smt.Sheema Mole also would require no orders as at present. 7. Resultantly, - (a) W.P.(C).No.2047/2017 is allowed, setting aside Ext.P10 order therein, since the reinstatement of Smt.Sheema Mole cannot be now effected on account of the judgment of the learned Division Bench in ## **Ambika (Supra)** ; - (b) W.P.(C).No.34922/2016 is closed, again because - the reinstatement of Smt.Sheema Mole is not possible; and **WP(C).No.34922/2016 and con.cases** **9** (c) finally, W.P.(C).Nos.38782/2016 and 2556/2017 are ordered, directing the Arbitration Tribunal to reconsider the directions in the impugned orders, adverting to the judgment of this Court in **Ambika (Supra)** . I make it clear that while doing so, the Arbitration Tribunal shall not disturb the findings already entered into and will modify only the directions in terms of **Ambika (Supra)** . Needless to say, all contentions of the Society against the order impugned by them in W.P.(C).Nos.38782/2016 and 2556/2017 are left open to be pursued by them in future, if they are so advised, after the Tribunal issues a fresh Award in terms of this judgment. **Sd/-** ## **DEVAN RAMACHANDRAN** **JUDGE** YKB **WP(C).No.34922/2016 and con.cases** **10** ## **APPENDIX OF WP(C) 34922/2016** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 21.5.2002 ISSUE BY THE SECOND RESPONDENT.** **EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 19.9.2003 OF THE FIRST RESPONDENT.** - **EXHIBIT P3 A TRUE COPY OF THE SUSPENSION ORDER DATED 28.6.2005** - **EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 30.3.2007** - **EXHIBIT P5 A TRUE COPY OF THE APPEAL NO.28/2015 FILED BEFORE CO-OPERATIVE TRIBUNAL.** - **EXHIBIT P6 A TRUE COPY OF THE REMOVAL ORDER DATED 30.6.2014** - **EXHIBIT P7 A TRUE COPY OF THE APPEAL NO.27/2015 FILED BEFORE THE TRIBUNAL.** - **EXHIBIT P8 A TRUE COPY OF THE HALL TICKET OF THE PETITIONER.** - **EXHIBIT P9 A TRUE COPY OF THE RELEVANT PORTION OF SHORT LIST ISSUED BY THE PSC.** **EXHIBIT P10 A TRUE COPY OF THE NOTICE ISSUED BY THE PSC.** - **EXHIBIT P11 A TRUE COPY OF THE RESOLUTION NO.12 DATED 15.05.2003 DECLARING THE PROBATION OF THE PETITIONER.** - **EXHIBIT P12 A TRUE COPY OF THE RESOLUTION NO.7 DATED 27.08.2003 ALONG WITH COVERING LETTER DATED 02.09.2003 OF THE SECOND RESPONDENT BANK.** - **EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 07.07.2006 DISMISSING THE PETITIONER FROM SERVICE.** - **EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 03.03.2007 OF THE MANAGING DIRECTOR.** **WP(C).No.34922/2016 and con.cases** **11** **EXHIBIT P15 A TRUE COPY OF THE JUDGMENT DATED 31.12.2016 IN A.P.NO.28/2016 EXHIBIT P16 A TRUE COPY OF THE AUDIT NOTE OF THE YEAR 2002-2003 EXHIBIT P17 A TRUE COPY OF THE JUDGMENT IN APPEAL NO.27/2016 DATED 29.11.2016 OF THE COOPERATIVE TRIBUNAL. EXHIBIT P18 A TRUE COPY OF THE ORDER DATED 17.01.2017 OF THE SECOND RESPONDENT. EXHIBIT P19 A TRUE COPY OF THE ORDER DATED 18.01.2017 OF THE SECOND RESPONDENT. EXHIBIT P20 A TRUE COPY OF THE INTERIM ORDER DATED 19.01.2017 IN WP(C)NO.2047/2017 EXHIBIT P21 A TRUE COPY OF THE ORDER DATED 20.01.2017 OF THE SECOND RESPONDENT. EXHIBIT P22 A TRUE COPY OF THE INTERIM ORDER DATED 31.10.2016 IN WP(C)No.34922/2016** **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.34922/2016 and con.cases** **12** ## **APPENDIX OF WP(C) 2047/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE PROCEEDINGS DATED 2.2.2007 OF THE 3RD RESPONDENT** **EXHIBIT P2 TRUE COPY OF THE RESOLUTION DATED 4.2.2008 OF THE 2ND RESPONDENT** - **EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS DATED 14.12.2012 OF THE DEPUTY REGISTRAR** - **EXHIBIT P4 TRUE COPY OF THE ORDER DATED 30.3.2007 OF THE 3RD RESPONDENT** - **EXHIBIT P5 TRUE COPY OF THE LETTER DATED 30.6.2014 ISSUED BY THE 3RD RESPONDENT** - **EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 29.11.2016 IN WPC NO. 38782/2016** - **EXHIBIT P7 TRUE COPY OF THE INTERIM ORDER DATED 7.12.2016 IN APPEAL NO. 27/2016** - **EXHIBIT P8 TRUE COPY OF JUDGMENT DATED 31.12.2016 IN APPEAL NO.28/2016** - **EXHIBIT P9 TRUE COPY OF THE LETTER DATED 17.1.2017 ISSUED BY THE 4TH RESPONDENT** **EXHIBIT P10 TRUE COPY OF THE ORDER DATED 18.1.2017 FO THE 3RD RESPONDENT** **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.34922/2016 and con.cases** **13** ## **APPENDIX OF WP(C) 2556/2017** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER NO.MIE2/2002 DATED 21.05.2002 ISSUED TO THE 1ST RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 28.06.2005, ISSUED TO THE 1ST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 07.07.2006, ISSUED BY THE PETITIONER. EXHIBIT P4 A TRUE COPY OF THE ORDER NO.8/07 DATED 30.03.2007, OF THE MANAGING DIRECTOR OF THE SOCIETY. EXHIBIT P5 A TRUE COPY OF THE PLAINT IN ARC NO.65 OF 2011 DATED 18.05.2009, FILED BY THE 1ST RESPONDENT BEFORE THE CO-OPERATIVE ARBITRATION COURT. EXHIBIT P6 A TRUE COPY OF THE COMMUNICATION DATED 22.07.2013 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE LETTER DATED 30.06.2014, ISSUED BY THE MANAGING DIRECTOR TO THE 1ST RESPONDENT. EXHIBIT P8 A TRUE COPY OF THE PLAINT IN ARC 63 OF 2014 DATED 27.08.2014, FILED BY THE 1ST RESPONDENT BEFORE THE CO-OPERATIVE ARBITRATION COURT. EXHIBIT P9 A TRUE COPY OF THE AWARD DATED 07.07.2015 IN ARC NO.65 OF 2011 OF THE CO-OPERATIVE ARBITRATION COURT(NORTHERN), KOZHIKODE. EXHIBIT P10 A TRUE COPY OF THE AWARD IN ARC 63/2014 DATED 07.07.2015 OF THE CO-OPERATIVE ARBITRATION COURT(NORTHERN), KOZHIKODE. EXHIBIT P11 A TRUE COPY OF THE JUDGMENT IN APPEAL NO.27/2016 DATED 29.11.2016 OF THE 3RD RESPONDENT TRIBUNAL. EXHIBIT P12 A TRUE COPY OF THE INTERIM ORDER DATED 07.12.2016 IN W.P[C]NO.38782 OF 2016.** **WP(C).No.34922/2016 and con.cases** **14** **EXHIBIT P13 A TRUE COPY OF THE JUDGMENT DATED 31.12.2016 IN APPEAL NO.28/2016 OF THE 3RD RESPONENT TRIBUNAL. EXHIBIT P14 A TRUE COPY OF THE ORDER NO.B2/1901/2016 DATED 17.01.2017 ISSUED BY THE 2ND RESPONDENT TO THE MANAGING DIRECTOR OF THE SOCIETY. EXHIBIT P15 A TRUE COPY OF THE ORDER NO.M.D/2/2016 DATED 18.01.2017 ISSUED BY THE MANAGING DIRECTOR OF THE SOCIETY.** **EXHIBIT P16 A TRUE COPY OF THE INTERIM ORDER DATED 19.01.2017 IN W.P[C]NO.2047 OF 2017.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R2 A** A TRUE COPY OF THE ORDER NO.B2/9332/01 DATED 19.09.2003 **EXHIBIT R2 B** A TRUE COPY OF THE PROCEEDINGS NO.B2/9332/01 DATED 19.09.2003 **EXHIBIT R2 C** A TRUE COPY OF THE LETTER NO.B2/1901/16 DATED 17.01.2017 **EXHIBIT R2 D** A TRUE COPY OF THE ORDER NO.MD/2/2016 DATED 18.1.2017 ## **//TRUE COPY//** ## **PA TO JUDGE** YKB **WP(C).No.34922/2016 and con.cases** **15** ## **APPENDIX OF WP(C) 38782/2016** **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER NO.MIE2/2002 DATED 21-05-2002, ISSUED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT.** **EXHIBIT P2 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 28-06-2005, ISSUED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 07-07-2006, ISSUED BY THE 1ST PETITIONER.** - **EXHIBIT P4 A TRUE COPY OF THE ORDER NO.8/07 DATED 3003-2007 ISSUED BY THE 2ND PETITIONER.** - **EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED 2207-2013, ISSUED BY THE 2ND PETITIONER.** - **EXHIBIT P6 A TRUE COPY OF THE LETTER DATED 30-06-2014, ISSUED BY THE 2ND PETITIONER.** - **EXHIBIT P7 A TRUE COPY OF THE PLAINT IN ARC 63 OF 2014 DATED 27-08-2014, FILED BY THE 1ST RESPONDENT.** - **EXHIBIT P8 A TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONERS HEREIN IN ARC 63 OF 2014.** - **EXHIBIT P9 A TRUE COPY OF THE PROCEEDINGS OF THE PARTTIME ADMINISTRATOR DATED NIL.** - **EXHIBIT P10 A TRUE COPY OF THE MARK SHEET PREPARED BY THE OUTSIDE EXAMINER DATED 15-04-2002.** - **EXHIBIT P11 A TRUE COPY OF THE DRAFT OF THE CALL LETTER FOR INTERVIEW SENT TO THE SUCCESSFUL CANDIDATES DATED 20-04-2002.** - **EXHIBIT P12 A TRUE COPY OF THE AWARD DATED 13-05-2014 IN ARC NO.65 OF 2011 OF THE CO-OPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE.** - **EXHIBIT P13 A TRUE COPY OF THE AWARD DATED 07-07-2015 IN ARC NO.63 OF 2014 OF THE CO-OPERATIVE ARBITRATION COURT (NORTHERN), KOZHIKODE.** **WP(C).No.34922/2016 and con.cases** **16** **EXHIBIT P14** **A TRUE COPY OF THE JUDGMENT DATED 29-112016 IN APPEAL NO.27 OF 2016 OF THE 3RD RESPONDENT TRIBUNAL.** ## **//TRUE COPY//** **PA TO JUDGE** YKB