IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH SEPTEMBER 2009 / 17TH BHADRA 1931 WP(C).No. 25380 of 2009(N) -------------------------- PETITIONER(S): --------------- 1. M.A.MARIAMMA, ELANJITHARA HOUSE, MANARCAD P.O., KOTTAYAM 686019. 2. LEELA BAI AMMA, PUTHENPURAYIL HOUSE, THOTTAKAD P.O., KOTTYAM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------- 1. NEDUMKUNNAM RURAL HOUSING CO-OPERATIVE SOCIETY LTD. K.100, REPRESENTED BY ITS PRESIDENT, NEDUMKUNNAM P.O., KOTTAYAM 686542. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), KOTTAYAM. GOVT. PLEADER SHRI.K.C.SANTHOSHKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.25380 of 2009 ================== Dated this the 8th day of September, 2009 J U D G M E N T The petitioners are employees of the 1st respondent society. Their complaint in this writ petition is that gratuity, leave surrender and staff security amount of the petitioners with interest have not been paid to them. Therefore, they seek the following reliefs: “i] issue a writ of mandamus directing the 1st respondent to pay Gratuity, Leave Surrender, staff security of the petitioners with interest as determined by this Hon'ble court. ii] declare that 1st petitioner is entitled to get Gratuity amounting to Rs.1,91,120/- leave salary Rs.1,22,359/- staff security Rs.500/- and 2nd petitioner Gratuity of Rs.1,07,586/- and staff security Rs.500/- forthwith. iii] issue a writ of mandamus directing the 2nd respondent to take appropriate action against the 1st respondent for non payment of Gratuity, Leave surrender, staff security etc. to the petitioners.” 2. It is settled law that a writ petition is not maintainable for enforcing service conditions of the employees of co-operative societies. The Kerala Co-operative Societies Act does not confer any power on the 2nd respondent in such matter also. The remedy of the petitioners lies in filing an arbitration case under Section 69 of the Kerala Co-operative Societies Act or to approach other authorities under the Industrial Disputes Act, Payment of Gratuity Act etc. That being so, this writ petition is not maintainable. Accordingly, this writ petition is dismissed without prejudice to the right of the petitioners to seek their remedies elsewhere. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2