IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 10TH MARCH 2011 / 19TH PHALGUNA 1932 WP(C).No. 7533 of 2011(N) -------------------------------- PETITIONER(S): ------------------- K.V.HARISH, ACCOUNTANT, BEPPUR TOWN MATSYATHOZHILALI VIKASANA KSHEMA CO-OP. SOCIETY LTD.NO.F(K)146, BEPPUR, KOZHIKODE. BY ADVS. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENT(S): --------------------- 1. BEPPUR TOWN MATSYATHOZHILALI VIKASANA KSHEMA CO-OP. SOCIETY LTD.NO.F(K)146, BEPPUR P.O., KOZHIKODE-15, REP. BY ITS SECRETARY. 2. THE REGISTRAR OF FISHERIES CO-OP. SOCIETIES/FISHERIES JOINT DIRECTOR, NORTHERN REGION, KOZHIKODE-5. 3. THE DIRECTOR OF FISHERIES, OFFICE OF THE DIRECTOR OF FISHERIES, THIRUVANANTHAPURAM-1. 4. P.JYOTHI, TEMPORARILY WORKING AS ACCOUNTANT, BEPPUR TOWN MATSYATHOZHILALI VIKASANA KSHEMA CO-OP. SOCIETY LTD.NO.F(K)146,, BEPPUR P.O., KOZHIKODE-15. BY GOVT.PLEADER SRI.M.A.ASIF THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 7533 OF 2011 -------------------------- Dated this the 10th day of March, 2011 J U D G M E N T The petitioner is an employee of the first respondent society. He entered service as Attender in the year 2003. He was later promoted as Clerk and still later as Accountant on 10.12.2008. The promotion of the petitioner as Accountant was objected to by the Joint Director of Fisheries, Northern Zone, Kozhikode on the ground that he was not eligible to be promoted as per the feeder category rules. The Joint Director accordingly informed the President of the first respondent society that he does not approve the decision of the managing committee of the first respondent society to promote the petitioner as Accountant. A copy of Ext.P8 was communicated to the Secretary of the first respondent society and he was asked to submit his explanation in the matter. Later, the Director of Fisheries issued Ext.P9 order dated 15.3.2010 directing the Joint Director of Fisheries, Kozhikode to take steps to regularise the service of the fourth respondent who was then working on daily wages as Cashier. The Joint Director of Fisheries thereupon issued Ext.P10 order dated 30.3.2010 regularising the fourth respondent in service as Accountant with effect from the date on which she passed the JDC examination. The managing committee of the first respondent society thereupon issued Ext.P15 proceedings dated 11.2.2011 reverting the petitioner as Clerk. WPC No.7533/2011 2 The said orders are under challenge in this writ petition. 2. Under the provisions contained in section 69 of the Kerala Co- operative Societies Act, 1969 the dispute raised by the petitioner is a dispute which can be resolved by the Co-operative Arbitration Court. The Co-operative Arbitration Court is also empowered to pass interim orders. From the decision of the Co-operative Arbitration Court, an appeal lies to the Kerala Co-operative Tribunal. The petitioner thus has a meaningful and alternate remedy wherein he can put forward the contentions raised by him in this writ petition. In such circumstances, I am of the opinion that the petitioner should invoke the alternate remedy available to him instead of invoking the jurisdiction of this Court at this stage. I accordingly dismiss the writ petition leaving open the petitioner’s contentions and reserving liberty with him to canvass the correctness of the impugned orders by instituting appropriate proceedings before the Co- operative Arbitration Court. P.N.RAVINDRAN, (JUDGE) vps WPC No.7533/2011 3 WPC No.7533/2011 4