IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 24TH FEBRUARY 2011 / 5TH PHALGUNA 1932 WP(C).No. 5816 of 2011(B) ------------------------- PETITIONER(S): --------------- P.V.SABU, SENIOR ACCOUNTANT & BRANCH MANAGER(UNDER SUSPENSION), KERALA STATE SCHEDULED CASTE/SCHEDULE TRIBES DEVELOPMENT CO-OPERATIVE FEDERATION LTD., PEROORKADA.P.O., THIRUVANANTHAPURAM, R/AT KRISHNA NAGAR-14, PEROORKADA.P.O., THIRUVANANTHAPURAM-695 005. BY ADV. SRI.C.K.MOHANAN RESPONDENT(S): --------------- 1. THE PRESIDENT, KERALA STATE SCHEDULED CASTE/SCHEDULE TRIBES DEVELOPMENT CO-OPERATIVE FEDERATION LTD., PEROORKADA.P.O., THIRUVANANTHAPURAM-695 005. 2. KERALA STATE SCHEDULED CASTE/SCHEDULE TRIBES DEVELOPMENT CO-OPERATIVE FEDERATION LTD., PEROORKADA.P.O., THIRUVANANTHAPURAM-695 005. REPRESENTED BY ITS MANAGING DIRECTOR. BY SRI.C.E.UNNIKRISHNAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.5816 of 2011 ----------------------------------------- Dated this the 24th day of February, 2011 JUDGMENT The petitioner is an employee of the second respondent Federation, a co-operative society registered under the Kerala Co- operative Societies Act 1969 and the rules framed thereunder. By Ext.P3 order passed on 19.7.2010 the President of the second respondent Federation placed the petitioner under suspension pending disciplinary action for a period of six months. Later by Ext.P6 order dated 25.1.2011 the suspension was extended for a further period of six months with effect from 18.1.2011. Exts.P3 and P6 are under challenge in this writ petition wherein the petitioner seeks a direction to the respondents to reinstate him in service revoking his suspension, without prejudice to the disciplinary action initiated against him. 2. A Full Bench of this Court has in Bhaskaran v. Additional Secretary, 1987 (2) KLT 903 (FB) held that no writ will lie against a co-operative society. Further the dispute now raised by the petitioner is a dispute in connection with the W.P(C) NO.5816/2011 -:2:- employment of the petitioner in the second respondent Federation. It is a dispute which is capable of being resolved in the manner prescribed in section 69 of the Kerala Co-operative Societies Act by the Co-operative Arbitration Court. I am therefore of the opinion that the petitioner should invoke the jurisdiction of the Co-operative Arbitration Court if he is aggrieved by Ext.P3 order placing him under suspension and its continuance for another six months. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to challenge the impugned orders in other appropriate proceedings before the Co-operative Arbitration Court. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.5816 of 2011 ---------------------------- JUDGMENT 24th February, 2011