IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 WP(C).No. 838 of 2008(Y) ------------------------ PETITIONER: ------------ K.CHANDRAKUMAR,RETIRED EXECUTIVE OFFICER BRANCH INSPECTOR,KOTTAYAM DISTRICT CO-OPERATIVE BANK, NOW RESIDING AT SARADA MANDIRAM, CHETHIMATTOM, PALA PO, PIN 686 575 BY ADV. SRI.P.V.BABY SRI.A.N.SANTHOSH RESPONDENTS: ------------- 1. THE DISTRICT CO-OPERATIVE BANK LTD KOTTAYAM REPRESENTED BY ITS GENERAL MANAGER. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL0 KOTTAYAM. R1 BY ADV. SRI.SUNIL CYRIAC,SC,DIST.CO-OP,BANK,KTM R2 BY SENIOR GOVERNMENT PLEADER, SMT.ANU SIVARAM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 838 of 2008(Y) APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 05/12/2007 SENT BY THE PETITIONER TO THE 1ST RESPONDENT. EXT.P2 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 16/12/2007 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P3 TRUE PHOTOCOPY OF THE POSTAL ACKNOWLEDGMENT CARD IN RESPECT OF EXT.P2 ACCEPTED BY THE 2ND RESPONDENT. EXT.P4 TRUE PHOTOCOPY OF THE STATEMENT DATED 07/02/2008 SENT BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P5 TRUE PHOTOCOPY OF THE DEMAND DRAFT DATED 08/02/2008 SENT BY THE 1ST RESPONDENT TO THE PETITIONER. EXT.P6 TRUE PHOTOCOPY OF THE COMMUNICATION DATED 08/02/2008 SENT BY THE 1ST RESPONDENT TO THE PETITIONER. \\True copy// THOTTATHIL B. RADHAKRISHNAN, J. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ W.P.(C) No. 838 of 2008-Y & I.A.No.3008/2008 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Dated this the 3rd day of March, 2008 J U D G M E N T This writ petition is filed complaining that the petitioner was not paid due gratuity. At the time of admission, on 08/01/2008, there was an interim direction to the effect that admitted amount of gratuity shall be paid to the petitioner within one month. Going by the averments in the affidavit filed in support of the I.A.No.3008/2008, it is seen that the employer/first respondent has paid certain amounts. Though the petitioner disputes the correctness of such amounts he has also claimed that certain other amounts due towards leave surrender and other claims have not been finalised. It also appears that the petitioner was subjected to disciplinary proceedings and the finality of those proceedings also requires to be resolved to finally fix the retiral benefits of the petitioner. All these are matters that call for arbitration within the purview of Section 69 of the Kerala Co-operative Societies Act. Though the petitioner has as of now retired W.P.(C).No.838/2008-Y & I.A.No.3008/2008 -: 2 :- from the service of the first respondent and since the dispute is a matter concerning the service of the petitioner with the first respondent, if the petitioner initiates appropriate action before appropriate authority, such authority will consider and expedite the disposal of the case taking also into consideration the claim of the petitioner, for further retiral and incidental benefits. Writ petition is disposed of as above. I.A seeking amendment of the writ petition is dismissed without prejudice to the right of the petitioner to move for appropriate relief as directed above. THOTTATHIL B. RADHAKRISHNAN, Judge ms