IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 5618 of 2011(B) ------------------------- PETITIONER(S): --------------- P.S.THOMAS, POOTHOTTAL HOUSE, MUNDAYAMPARAMBA.P.O., (SECRETARY, DISMISSAL FROM SERVICE, URUPPUMKUTTY KSHEEROLPADAKA SAHAKARANA SANGAM), KANNUR DISTRICT. BY ADV. SRI.C.A.JOSEPH SRI.K.K.MOIDEEN RESPONDENT(S): --------------- 1. THE URUPPUMKUTTY KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.C.123 D(APCOS), REPRESENTED BY ITS SECRETARY, P.O.ANGADIKADAVU, KANNUR DISTRICT. 670 704. 2. THE CONVENER, DICIPLINARY SUB COMMITTEE, URUPPUMKUTTY KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.C.123 D(APCOS), P.O.ANGADIKADAVU, KANNUR DISTRICT. 670 704. 3. THE PRESIDENT, URUPPUMKUTTY KSHEEROLPADAKA SAHAKARANA SANGAM LTD. NO.C.123 D(APCOS), P.O.ANGADIKADAVU, KANNUR DISTRICT. 670 704. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.5618 of 2011 ----------------------------------------- Dated this the 23rd day of February, 2011 JUDGMENT Ext.P3 order issued by the second respondent pursuant to the decision taken by the managing committee of the first respondent society on 9.11.2010 dismissing the petitioner from service is under challenge in this writ petition. The brief facts are as follows. 2. The petitioner was the Secretary of the first respondent society. He was placed under suspension with effect from 1.8.2009 by Ext.P1 order dated 31.7.2009 issued by the President of the society. Later a memo of charges was served on the petitioner. An enquiry into the charges was held by Sri.Shimmi.K.P., Advocate, who submitted Ext.P2 enquiry report dated 9.11.2010 finding the petitioner guilty of some of the charges. It appears the sub committee as well as the managing committee decided on 9.11.2010 itself to dismiss the petitioner from service. Ext.P3 order was thereupon issued. Shortly thereafter a copy of the enquiry report was furnished to the W.P(C) NO.5618/2011 -:2:- petitioner. The petitioner challenges Ext.P3 order on many grounds including the contention that before Ext.P3 order was passed a copy of the enquiry report was not communicated to him and that the remedy of filing an appeal from the order of dismissal has also been denied to him. 3. The petitioner is an employee of a co-operative society. As held by a Full Bench of this Court in Bhaskaran v. Additional Secretary, 1987(2) KLT 903 (FB) no writ will lie against a co- operative society. Therefore, this Court cannot, in exercise of the powers conferred under Article 226 of the Constitution of India, examine the legality and validity of Ext.P3 order. Further under section 69 of the Kerala Co-operative Societies Act the dispute now raised by the petitioner is a dispute which can be resolved by the Co-operative Arbitration Court. The petitioner can raise all the contentions that he has raised in this writ petition before the Co- operative Arbitration Court. The Co-operative Arbitration Court can set aside the impugned order and pass appropriate orders as justice of the cause requires. In such circumstances I am of the considered opinion that no relief can be granted to the petitioner W.P(C) NO.5618/2011 -:3:- in this writ petition. The writ petition fails and is accordingly dismissed leaving open the contentions of the petitioner and reserving liberty with him to challenge Ext.P3 order in other appropriate proceedings. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.5618 of 2011 ---------------------------- JUDGMENT 23rd February, 2011