IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 30TH SEPTEMBER 2008 / 8TH ASWINA 1930 WP(C).No. 29115 of 2008(N) ---------------------------------------- PETITIONER: --------------------- SUSAMMA M. SEBASTIAN, SENIOR CLERK (DISPUTED), PULPALLY SERVICE CO-OPERATIVE BANK LTD., NO. 10153,PULPALLY, RESIDING AT PULIKKAL HOUSE, ANAPPARA, BHOODATHANAM COLONY P.O., PULPALLY, WAYANAD DISTRICT. BY ADV. SRI.JACOB PULIKKAN SRI.S.K.BALACHANDRAN SRI.P.V.JYOTHI (PALAKKAPPILLIL) SRI.A.S.FARIDIN RESPONDENTS: ------------------------ 1. THE REGISTRAR OF CO-OPERATIVE SOCITIES, THIRUVANANTHAPURAM. 2. THE PART TIME ADMINISTRATOR, PULPALLY SERVICE CO-OPERATIVE BANK PULPALLY P.O., WAYANAD DISTRICT, 3. PULPALLY SERVICE CO-OPERATIVE BANK, PULPALLY P.O., WAYANAD DISTRICT, REPRESENTED BY ITS SECRETARY. 4. M.N.RAMAKRISHNAN, HEAD CLERK, PULPALLY SERVICE CO-OPERATIVE BANK LTD., NO. 10153, PULPALLY P.O. WAYANAD DISTRICT- RESIDING AT PAYYAPPILLY HOUSE, PULPALLY P.O., WAYANAD DISTRICT. 5. P.J. MACHAEL, HEAD CLERK, PULPALLY SERVICE CO-OPERATIVE BANK LTD., NO. 10153, PULPALLY P.O., WAYANAD DISTRICT- RESIDING AT PADINJAREDATH HOUSE, MULLAMKOLLY P.O. PULPALLY, WAYANAD DISTRICT. Kss ..2/- ...2..... WPC.NO.29115/2008 N 6. K.T. RAMADEVI, HEAD CLERK, PULPALLY SERVICE CO-OPERATIVE BANK LTD., NO. 10153, PULPALLY P.O. WAYANAD DISTRICT - RESIDING AT POOVATHUKKAL HOUSE, PULPALLY P.O., WAYANAD DISTRICT. 7. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, CO-OPERATIVE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. K.C. SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.29115 of 2008-N = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 30th day of September, 2008. JUDGMENT The petitioner is an employee of the third respondent which is now under the second respondent Part-time Administrator. She claims seniority over respondents 4 to 6. This, as rightly pointed out by the learned counsel for the petitioner, is a matter for arbitration under Section 69 of the KCS Act. This means that the petitioner has to file appropriate plaint before the competent arbitrator, be it to the Registrar or to the Arbitration Court. There is no requirement for a reference to be made by either the employer or any other authority for that matter. All that happens is that the Registrar may forward the matter to an appropriate officer for arbitration. Therefore, without prejudice to the right of the petitioner to file a plaint and WP(C)29115/08 -: 2 :- invoke an arbitration proceedings under the provisions of Section 69 of the KCS Act, this writ petition is closed however ordering that any recovery proceedings against the salary of the petitioner will stand deferred for a period of six weeks to provide sufficient time for her to move the appropriate arbitrator and seek further interim relief. It is also ordered that all such proceedings shall be decided untrammelled by anything stated in this judgment. The petitioner is directed to place a copy of this judgment before respondents 2 and 3. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/031008