IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 7TH NOVEMBER 2007 / 16TH KARTHIKA 1929 WP(C).No. 19281 of 2003(U) -------------------------- PETITIONER: ------------ P.S.SUNITHAKUMARI, INTERNAL AUDITOR, NEDUMANGAD SERVICE CO-OPERATIVE BANK LIMITED NO.448, NEDUMANGAD P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.P.N.RAVINDRAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), THIRUVANANTHAPURAM. 3. NEDUMANGAD SERVICE CO-OPERATIVE BANK LIMITED NO.448, NEDUMANGAD P.O., THIRUVANANTHAPURAM DISTRICT, REPRESENTED BY ITS SECRETARY. 4. R.KUMARI SUMANGALA, SENIOR CLERK, NEDUMANGAD SERVICE CO-OPERATIVE BANK LIMITED NO.448, NEDUMANGAD P.O., THIRUVANANTHAPURAM DISTRICT. 5. V.REMA, SENIOR CLERK, NEDUMANGAD SERVICE CO-OPERATIVE BANK LIMITED NO.448, NEDUMANGAD P.O., THIRUVANANTHAPURAM DISTRICT. 6. K.J.THULASI, SENIOR CLERK, NEDUMANGAD SERVICE CO-OPERATIVE BANK LIMITED NO.448, NEDUMANGAD P.O., THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.V.G.ARUN SRI.GEORGE POONTHOTTAM GOVERNMENT PLEADER M.K. PUSHPALATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 19281 of 2003 ORDER ON I.A. 5321/2003 DISMISSED 7.11.2007 SD/- THOTTATHIL B.RADHAKRISHNAN, JUDGE APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF PROCEEDINGS DATED 11.10.89 ISSUED BY THE SECOND RESPONDENT EXT.P2- TRUE COPY OF NOTICE DATED 26.3.94 ISSUED BY THE SECOND RESPONDENT EXT.P3- TRUE COPY OF ORDER DATED 9.6.97 ISSUED BY THE SECOND RESPONDENT EXT.P4- TRUE COPY OF DECLARATION DATED 13.6.97 SUBMITTED BY THE FOURTH RESPONDENT EXT.P5- TRUE COPY OF DECLARATION DATED 13.6.97 SUBMITTED BY THE FIFTH RESPONDENT EXT.P6- TRUE COPY OF DECLARATION DATED 13.6.97 SUBMITTED BY THE SIXTH RESPONDENT EXT.P7- TRUE COPY OF PROVISIONAL SENIROTY LIST OF JUNIOR CLERKS DATED 13.6.97 PREPARED BY THE THIRD RESPONDENT BANK. EXT.P8- TRUE COPY OF REPRESENTATION DTED 8.5.02 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT EXT.P9- TRUE COPY OF FEEDER CATEGORY RULES IN FORCE IN THE THIRD RESPONDENT BANK AS ON 29.12.95 EXT.P10- TRUE COPY OF ORDER DATED 28.8.02 PASSED BY SECOND RESPONDENT EXT.P11- TRUE COPY OF APPEAL DATED 5.9.02 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXT.P12- TRUE COPY OF JUDGMENT DATED 16.10.02 IN O.P.25439 OF 2002 EXT.P13- TRUE COPY OF PROCEEDOINGS DATED 5.10.2002 WITH AMENDED FEEDER CATEGORY RULES OF THE THIRD RESPONDENT BANK WP(C).No. 19281 of 2003 -2- EXT.P14- TRUE COPY OF RESOLUTION NO.7 DATED 23.10.2002 OF THE ADMINISTRATIVE COMMITTEE OF THE THIRD RESPONDENT BANK. EXT.P15- TRUE COPY OF G.O. (Rt) 249/2003/CO-OP DATED 12.5.2003 ISSUED BY THE FIRST RESPONDENT (TRUE COPY) P.A TO JUDGE THOTTATHIL B. RADHAKRISHNAN, J ------------------- W.P.(C). 19281/2003 -------------------- Dated this the 7th day of November, 2007 JUDGMENT Having regard to the nature of the order being issued hereunder, notice to the unserved respondent, dispensed with. 2. The status of this writ petition, as of now, is that some of the private respondents are yet to be served with notice, while an interim order has been issued in I.A.5321/2003 staying the operation of implementation of Exts.P10 and P15 orders which was extended until further orders on 18.8.2003. 3. The issue raised is a dispute as to interse the seniority between the petitioner and private respondents. Section 69 (2)(d) of the Kerala Co-operative Societies Act, as substituted by Act-I of 2000 with effect from 2.1.2003, i.e, before the filing and admission of this writ petition, provides that notwithstanding anything contained in any other law for the time being in force, any dispute arising in W.P.(C).19281/2003 2 connection with the conditions of service of the different class of societies specified in Sub Section (1) of Section 80 of Kerala Co-operative Societies Act including the promotion and interse seniority is to be raised before the Co-operative arbitration Court. So much so the petitioner's remedy is move for such resolution of the dispute. 4. Having regard to the aforesaid, this writ petition is disposed of relegating the petitioner without prejudice to the contentions, to move the competent authority under Section 69 of the KCS Act for adjudication of any dispute that she may have. If such proceedings are initiated within an outer limit of 45 days from today, it shall be treated as filed within time and the interlocutory order issued by this Court on I.A.5321/2003 will continue to govern parties for a period of six months to enable the petitioner to move the competent authority by Section 69 for any further interlocutory relief. The proceedings shall be finalised without delay. The complaint of the W.P.(C).19281/2003 3 petitioner that the impugned decisions are wholly without jurisdiction is also a matter that would gain attention before the competent authority under Section 69 of the Act. Needless to say, a final decision shall be taken only after hearing of the necessary parties. THOTTATHIL B. RADHAKRISHNAN Judge mrcs