IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND JULY 2008 / 31ST ASHADHA 1930 WP(C).No. 11413 of 2006(H) --------------------------------------- PETITIONER: ------------------- A. FAZALUDEEN, MANNATHARAYIL, PADINJATTEKKARA P.O., THEVALAKKARA, KOLLAM. BY ADV. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SRI.BRIJESH MOHAN. RESPONDENTS: ----------------------- 1. THE QUILON CO-OPERATIVE SPINNING MILLS LTD. (GOVERNMENT OF KERALA UNDERTAKING),KARAMCODE, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR. *ADDL.R2. STATE OF KERALA, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, INDUSTRIES DEPARTMENT, GOVT. SECRETARIAT, TRIVANDRUM. *IS IMPLEADED AS ADDL. R2. AS PER ORDER DATED 28/09/207 IN I.A. NO. 13088/2007. ADV. SRI.K.ANAND FOR R1, ADV. SMT.LATHA KRISHNAN FOR R1. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11413/2006-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. QCSM/332, DTD. 05/12/05 ISSUED BY THE RESPONDENT. EXT.P.2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT DTD. 07/04/2006. EXT.P.3: COPY OF THE COMMUNICATION NO. QCSM/128 DTD. 15/06/06 ISSUED BY THE RESPONDENT TO THE PETITIONER. EXT.P.4: COPY OF THE PROCEEDINGS NO. QCSM/141 DTD. 20/06/06 ISSUED BY THE RESPONDENT. EXT.P.5: COPY OF THE STATEMENT FILED BY THE R.1. IN CONT. CASE (C). NO. 975/06 BEFORE THIS HONOURABLE COURT ON 29/06/2007. EXT.P.6: COPY OF THE ORDER DTD. 09/01/2007 IN R.P.NO.615/06 IN W.P.(C). NO. 11413/06 OF THIS HONOURABLE COURT. RESPONDENTS' EXHIBITS & ANNEXURES: EXT.R1.A: COPY OF THE MINUTES OF THE MEETING DTD. 03/11/2004. ANNEXURE R1.A: COPY OF THE LETTER NO. QC.S.M/128 DTD. 15/06/06 ISSUED BY THE REVIEW PETITIONER TO THE RESPONDENT. ANNEXURE R1.B: COPY OF THE LETTER NO. C.S.M/141/ DTD. 20/06/06 ISSUED BY THE REVIEW PETITIONER TO THE RESPONDENT. ANNEXURE R1.C: COPY OF THE LETTER SENT BY THE RESPONDENT TO THE MANAGING DIRECTOR DTD. 27/06/2006. //TRUE COPY// prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.11413 of 2006-H - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of July, 2008. JUDGMENT The writ petitioner is aggrieved by the denial of appointment as Shift Electrician in the first respondent Co-operative Spinning Mills. The contention raised is that he had undergone a due process of selection and obtained second rank. Ext.P1 is the order of appointment. It appears that he was not allowed to join duty because of certain other controversies which, for the disposal of the case, I am not going into in detail. Even now, he is not allowed to join service, according to the petitioner. But according to the respondent/Managing Director, he is not included in the rank list. 2. Being a co-operative institution it is governed by the provisions of the statute and it is pointed out by the learned counsel for the respondent that the Director of Handlooms is the Registrar notified as per Section 3 of the Co-operative Societies Act and empowered to exercise the powers vested under the Act. Therefore, clearly a dispute of this nature will be a matter arising for appropriate decision by the Registrar, herein being the Director of Handlooms. 3. If the petitioner raise a dispute by way of a representation before WPC 11413/2006 -2- the Director of Handlooms within 30 days from today, the matter will be considered on merits by the Director after hearing the petitioner and the Spinning Mills, within a further period of four months. The writ petition is disposed of accordingly. No costs. (T.R. Ramachandran Nair, Judge.) kav/