IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 8TH MARCH 2011 / 17TH PHALGUNA 1932 WP(C).No. 7214 of 2011(B) ------------------------- PETITIONER(S): --------------- JOHN.M.U, S/O ULAHANNAN, AGED 62 YEARS, RETIRED AS MANAGING DIRECTOR, THE KOOTHATTUKULAM FARMERS SERVICE CO-OPERATIVE BANK, THAIKATTU HOUSE, KIZHAKOMBU.P.O, KOOTHATTUKULAM, ERNAKULAM DISTRICT. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE JOINT REGISTRAR'S OFFICE, ERNAKULAM. 2. THE KOOTHATTUKULAM FARMERS SERVICE CO-OPERATIVE BANK LTD., NO. E-45, KOOTHATTUKULAM, REPRESENTED BY ITS MANAGING DIRECTOR. 3. THE MANAGING DIRECTOR, KOOTHATTUKULAM FARMERS SERVICE CO-OPERATIVE BANK LTD. NO. E-45, KOOTHATTUKULAM. BY GOVT. PLEADER SRI. BASANT BALAJI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.7214 of 2011 ----------------------------------------- Dated this the 8th March, 2011 JUDGMENT The petitioner is a former employee of the 3rd respondent bank, a society registered under the Kerala Co-operative Societies Act, 1969 and the rules framed thereunder. He retired from service on 31.7.2006. The terminal benefits were thereafter paid on 18.1.2007 after withholding payment of the sum of Rs.21,684.75, which was fixed as the liability. The said amount was disbursed on 22.9.2010. The petitioner thereafter moved the second respondent bank by submitting Ext.P3 representation dated 5.10.2010 wherein he claimed interest for belated payment of the sum of Rs.21,684.75 during the period from 18.1.2007 to 22.9.2010. In that representation he relied on the decision of the Apex Court in Dua v. State of Haryana, 2008 (3) KLT 58 to contend for the position that in the case of belated payment of terminal benefits the employee is entitled to be compensated by award of interest. By Ext.P4 dated 14.12.2010 the second respondent bank rejected the said application. Hence this writ petition challenging Ext.P4 and seeking a direction to the respondents to pay interest at 12% per annum on the sum of Rs.21,684.75 from the date of retirement, namely 31.7.2006, till W.P(C) NO.7214/2011 -:2:- the date of payment, namely 22.9.2010. 2. The second respondent bank is a co-operative society. 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. In such circumstances the challenge to Ext.P4 cannot be entertained in these proceedings. Further the petitioner being a former employee of the second respondent bank can raise the dispute presently raised by him in this writ petition before the Co-operative Arbitration Court by filing an appropriate petition invoking the jurisdiction of the Co- operative Arbitration Court under section 69 of the Kerala Co- operative Societies Act. If he is aggrieved by the order passed by the Co-operative Arbitration Court he can challenge the same in appeal before the Kerala Co-operative Tribunal. In such circumstances I am of the opinion that no relief can be granted in this writ petition. The writ petition fails and is accordingly dismissed leaving open the entitlement of the petitioner to move the Co-operative Arbitration Court seeking redressal of his grievances. P.N.RAVINDRAN, Judge. W.P(C) NO.7214/2011 -:3:- ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.7214 of 2011 ---------------------------- JUDGMENT 8th March, 2011