IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 9TH JUNE 2011 / 19TH JYAISHTA 1933 WP(C).No. 15487 of 2011(I) ----------------------------------- PETITIONER: -------------------- AJITHAMOL P.B., D/O. BALAKRISHNAN, PANTHAYACKAL HOUSE MARIYARANKUDY P.O., IDUKKI (PART TIME SWEEPER, IDUKKI DISTRICT CO-OPERATIVE BANK LTD., IDUKKI, NOW UNDER SUSPENSION) BY ADV. SRI.M.P.MADHAVANKUTTY RESPONDENTS: ----------------------- 1. IDUKKI DISTRICT C-OPERATIVE BANK LTD., IDUKKI HEAD OFFICE, P.B. NO. 2, IDUKKI COLONY P.O., IDUKKI, PIN- 685 602, REPRESENTED BY ITS GENERAL MANAGER. 2. GENERAL MANAGER, IDUKKI DISTRICT C-OPERATIVE BANK LTD., IDUKKI HEAD OFFICE, P.B. NO. 2, IDUKKI COLONY P.O., IDUKKI, PIN- 685 602, 3. SECRETARY, VAZHATHOPPU SERVICE CO-OPERATIVE BANK, VAZHATHOPPU P.O., IDUKKI DISTRICT PIN 685 602 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: smt P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 15487 OF 2011 --------------------------------------------- Dated this the 9th day of June, 2011 J U D G M E N T The petitioner is an employee of the first respondent bank. She was placed under suspension by Ext.P2 order dated 02.02.2010. The grievance voiced by the petitioner is that though more than 16 months have passed thereafter, till date, the memo of charges have not been served or the enquiry held. Relying on rule 198 of the Kerala Co-operative Societies Rules, it is contended that no employee of a co-operative society can be kept under suspension for more than one year without the prior permission of the Registrar of co-operative societies and therefore, the petitioner is entitled to be reinstated in service. 2. Section 69 of the Kerala Co-operative Societies Act provides an alternative remedy to the petitioner. It enables the petitioner to move the Co-operative Arbitration Court seeking redressal of her grievances. As a matter of fact, section 69 stipulates that, in matters relating to service conditions including seniority and promotion, the Co-operative Arbitration Court W.P.(C)No. 15487 of 2011 2 shall have exclusive jurisdiction. From the decision of the Co- operative Arbitration Court, an appeal lies to the Kerala Co- operative Tribunal. Section 70 of the Kerala Co-operative Societies Act empowers the Co-operative Arbitration Court to pass interim orders pending resolution of the main dispute. I am therefore of the opinion that, the petitioner should invoke the alternative remedy available to her instead of straight away seeking the intervention of this Court. The writ petition fails and is accordingly dismissed leaving open the petitioner's contentions and reserving liberty with her to move the Co-operative Arbitration Court seeking redressal of her grievances. P.N.RAVINDRAN, JUDGE dmb