IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.Q.BARKATH ALI FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 WA.No. 147 of 2010() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.31134/2009 Dated 03/11/2009 .................... APPELLANT(S): PETITIONERS: ---------------------------------------------- 1. SAJITH LAL, A.R.SANTHANILAYAM, MEENADATHOOR (P.O.),THANALOOR,MALAPPURAM DISTRICT, FORMERLY WORKING AS PEON, TANUR CO-OPERATIVE URBAN BANK LIMITED, NO.M.510, KUTTIPPILAN PLAZA, NEAR BUS STAND, P.O.TANUR, PIN-676 302. 2. RAKESH.K.S., NIGHT WATCHMAN, TANUR CO-OPERATIVE URBAN BANK LIMTED, NO.M.510, KUTTIPPILAN PLAZA, NEAR BUS STAND, P.O.TANUR,PIN-676 302. BY ADV. SRI.NAGARAJ NARAYANAN RESPONDENT(S): RESPONDENTS: ---------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATION, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, MALAPPURAM. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), TIRUR. Kss ..2/- ...2.... W.A.NO.147/2010 5. TANUR CO-OPERATIVE URBAN BANK LIMITED, NO.M.510, KUTTIPPILAN PLAZA, NEAR BUS STAND, P.O.TANUR, PIN-676302, REPRESENTED BY ITS SECRETARY. 6. THE CHAIRMAN, TANUR CO-OPERATIVE URBAN BANK LIMITED, NO.M.510, KUTTIPPILAN PLAZA, NEAR BUS STAND, P.O.TANUR, PIN- 676302. 7. EMPLOYEES PROVIDENT FUND ORGANIZATION, PATTOM, THIRUVANANTHAPURAM, REPRESENTED BY THE EMPLOYEES PROVIDENT FUND COMMISSIONER. R1 TO R4 BY SPL. GOVERNMENT PLEADER SMT. ANU SIVARAMAN R5 & R6 BY ADVS.SRI.V.G.ARUN, SRI.T.R.HARIKUMAR. R7 BY ADVS.SRI.N.N. SUGUNAPALAN, SC, P.F. , SMT.T.N.GIRIJA, SC,EPF ORGANISATION THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss A.K.BASHEER & P.Q.BARKATH ALI, JJ. =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= W.A. No. 147 of 2010 =~=~=~=~=~=~=~=~=~=~=~=~=~=~=~=~= Dated this the 11th day of June, 2010 JUDGMENT Basheer, J. Appellants filed the Writ Petition, contending, inter alia, that the action of their employer, the Tanur Co- operative Urban Bank Ltd., in refusing to pay them their legitimate salary and other service benefits was in total violation of the terms of appointment, pay revision orders and other circulars/notifications etc. issued by the Government. Though they had high-lighted this grievance before their employer, their claims were not favourably considered, as is revealed from Exts.P12 and P13. 2. While praying for issue of a writ of certiorari to quash Exts.P12 and P13, the appellants made a further prayer before the learned Single Judge that a writ in the nature of mandamus also be issued to their employer directing it to fix their salary as per the revised pay scale and also to disburse the arrears of salary from August 22, WA 147/2010 2 2005 onwards. 3. The learned Single Judge dismissed the writ petition, holding that the appellants had other efficacious alternate remedy to get their grievances redressed, as provided under section 69 of the Kerala Co-operative Societies Act. 4. The above judgment is impugned in this writ appeal. 5. Having heard the learned counsel for the appellants and the learned standing counsel for the society, we have no hesitation to hold that the learned Single Judge was wholly justified in dismissing the writ petition with liberty to the appellants to approach the Arbitration Court functioning under the Act . 6. Admittedly the Arbitration Court is empowered to deal with all those issues which are now projected by the appellants in support of their claim for various service benefits. Therefore, necessarily, the Arbitration Court has to take a decision in the matter, after affording sufficient WA 147/2010 3 opportunity of hearing to the appellants and the society. It is made clear that we have not considered the merit of any of the contentions raised by the appellants. 7. The appellants may make a request to the Arbitration Court for expeditious decision in the matter after initiating appropriate proceedings in this regard. 8. The learned standing counsel for the society submits that the society will extend whole hearted co- operation for expeditious disposal of the case before the Arbitration Court. This submission is recorded. 9. The Arbitration Court shall dispose of the claim petition as expeditiously as possible, at any rate within six months from the date of institution of the same. The writ appeal is disposed of in the above terms. A.K.BASHEER, JUDGE. P.Q.BARKATH ALI, JUDGE. mn.