IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 31797 of 2008(I) ----------------------------------------- PETITIONER(S): ------------------------ 1. T.K.MOHANAN, S/O.RAGHAVAN NAIR, THEVARUKANDI HOUSE, NANMANDA, KOZHIKODE – 673 613. 2. KRISHNAKUMAR K.K., S/O.MADHAVAN NAIR, KOLANGARAKANDI HOUSE, CHEVAYOOR P.O., KOZHIKODE – 673 017. 3. K.RADHAKRISHNAN, S/O.KELI, CHETHIYODU HOUSE, POTHUNDI P.O., PALAKKAD – 678 508. 4. C.M.RAJAN, S/O.NAGAN, CHOZHATTIMALAYIL HOUSE, KALLURUTHY P.O., THIRUVAMBADI – 673 603. 5. K.P.BABU, S/O.UTTAYATHAN, ELETTIL P.O., KODUVALLY VIA. 6. P.MADHAVAN, S/O.BHASKARAN NAMBIAR, AMAL NIVAS, MANANTHAVADY P.O., AMBUKKUTHY, WAYANAD – 670 645. 7. SUDHEVAN.G., S/O.GOPALAN, KIZHAKKEPARACKAL HOUSE, MUTHUKUNI, AYILOOR P.O., PALAKKAD. BY ADV. SRI.K.A.SALIL NARAYANAN Kss ..2/- ...2.... WPC.NO.31797/2008 I RESPONDENT(S): -------------------------- 1. THE MANAGING DIRECTOR, MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION, HEAD OFFICE, PERINGALAM, KUNNAMANGALAM, KOZHIKODE – 673 571. 2. MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION, HEAD OFFICE, PERINGALAM, KUNNAMANGALAM, KOZHIKODE – 673 571, REPRESENTED BY ITS CHAIRMAN. ADV. SRI.B.S.KRISHNAN(SR.), SC, MILMA SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.31797 of 2008-I = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 10th day of December, 2008. JUDGMENT By Ext.P3, the second respondent decided to promote the petitioners after a due process of selection. Whatever be the objections to the correctness or otherwise of Ext.P3, that cannot be torpedoed by merely deferring its enforcement on the objections raised by the trade unions. Even if any rival employee has any objection to the selection or promotion given in terms of Ext.P3, it is a matter for him to carry as a personal lis by way of an arbitration under Section 69 of the KCS Act. Today, I have dismissed WP(C).27344/2008 filed by such an employee relegating him to the Arbitration Court under the said Act. When personal complaints and objections as to promotions are to be agitated at the level of individuals, it is impermissible for WP(C)31797/08 -: 2 :- the management to keep away from enforcing its binding decision to select and promote certain employees. Therefore, it is ordered that if the petitioners have been duly selected, the respondents will ensure that Ext.P3 is given effect to without relying on Ext.P4. This judgment will also not preclude any employee of the second respondent from challenging the correctness or otherwise of Ext.P3 in accordance with law in terms of conditions of service, however that, such challenge could be only before the appropriate statutory authority in terms of Section 69 of the KCS Act. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/121208