IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 4TH NOVEMBER 2011 / 13TH KARTHIKA 1933 WP(C).No. 29547 of 2011(P) ------------------------------------ PETITIONER(S): ----------------------- XAVIER THOMAS, CHARTHAMKALAYIL, ERAVIMANGALAM P.O, MUTTUCHIRA,KOTTAYAM DISTRICT BY ADV. SRI.E.J.THOMAS RESPONDENT(S): ------------------------- 1. THE MANAGING DIRECTOR, THE KADUTHURUTHY CO-OPERATIVE RUBBER MARKETING AND PROCESSING SOCIETY LTD.NO.1397, KADUTHURUTHY P.O., KOTTAYAM DISTRICT – 686 604. 2. THE JOINT REGISTRAR (GENERAL) OF CO-OPERATIVE SOCIETIES, KOTTAYAM – 686 604. BY ADV.SRI.V.G.ARUN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.29547/2011 APPENDIX PETITIONER(S) EXHIBITS : EXT.P1: COPY OF THE APPOINTMENT ORDER. EXT.P2: COPY OF THE CERTIFICATE ISSUED BY THE DIRECTOR OF TRAINING. EXT.P3: COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT. EXT.P4: COPY OF THE ORDER NO.101/2011 DATED 1-1-2011 ISSUED BY THE MANAGING DIRECTOR OF THE SOCIETY EXT.P5: COPY OF THE ORDER ISSUED BY THE 1ST RESPONDENT. EXT.P6: COPY OF THE TRANSFER ORDER ISSUED BY THE 1ST RESPONDENT. EXT.P7: COPY OF THE ORDER OF THE 2ND RESPONDENT. EXT.P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.29547 of 2011 ----------------------------------------- Dated this the 4th day of November, 2011 JUDGMENT Ext.P6 order dated 2.11.2011 issued by the first respondent transferring the petitioner, a Chemist in the laboratory run by the Kaduthuruthy Co-operative Rubber Marketing and Processing Society Limited, No.1397 and posting him as Depot Manager in the depot of the said society at Kaduthuruthy is under challenge in this writ petition. 2. The Kaduthuruthy Co-operative Rubber Marketing and Processing Society Limited is not a party to the writ petition. Therefore, on that ground itself this writ petition is liable to be dismissed. That apart, the petitioner being an employee of a co- operative society, the dispute raised by him has to be raised before the Co-operative Arbitration Court by filing an appropriate petition under section 69 of the Act. Going by the definition of the term “dispute” occurring in section 2(i) read with section 69(2) of the Kerala Co-operative Societies Act, any dispute between an employee of a co-operative society and the employer society can be raised before the Co-operative Arbitration Court. The very fact W.P(C).No.29547 of 2011 -:2:- that a writ petition has been filed challenging Ext.P6 order makes it clear that a dispute has been arisen between the petitioner and his employer society. Sub-section (2) of section 70 of the Kerala Co-operative Societies Act empowers the Co-operative Arbitration Court to pass interim orders pending disposal of the main dispute. The petitioner has thus an effective and meaningful alternate remedy before the Co-operative Arbitration Court, wherein he can seek redressal of his grievances. From the decision of the Co- operative Arbitration Court an appeal or a revision would lie to the Kerala Co-operative Tribunal. Therefore an appellate remedy is also provided from the original order, if the order is adverse to the petitioner. I am therefore, of the opinion that the petitioner should resort to the alternate remedy available to him instead of straight away invoking the jurisdiction of this Court under Article 226 of the Constitution of India. I accordingly decline jurisdiction and dismiss the writ petition reserving liberty with the petitioner to challenge Ext.P6 order in appropriate proceedings before the Co-operative Arbitration Court. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.29547 of 2011 ---------------------------- JUDGMENT 4th November, 2011