IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 5TH SEPTEMBER 2008 / 14TH BHADRA 1930 WP(C).No. 9228 of 2008(W) ------------------------- PETITIONER: ------------ R.NAVEENTHA KRISHNA NARAYANA SWAMI SECRETARY (RETIRED) DEVIKULAM TALUK PLANTATION WORKERS CO-OPERATIVE CREDIT SOCIETY LTD NO. K. 382 SOCIETY STAFF QUARTERS. M.G.P. / XVI/668. BY ADV. SRI.ESM.KABEER RESPONDENTS: ------------- 1. JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL) PAINAVU, IDUKKI DISTRICT. 2. THE PRESIDENT DEVIKULAM TALUK PLANTATION WORKERS CREDIT CORPORATIVE SOCIETY LTD NO. K-382, MUNNAR P.O, IDUKKI. 3. DEVIKULAM TALUK PLANTATION WORKERS CO-OPERATIVE SOCIETY LTD NO. K-382, MUNNAR P.O, IDUKKI ,REPRESENTED BY ITS SECRETARY. R1 BY SENIOR GOVERNMENT PLEADER SRI.ANU SIVARAMAN ADV. SRI.JOICE GEORGE FOR R.3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rtr THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No.9228 of 2008-W = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of September, 2008. JUDGMENT The petitioner was placed under suspension while in the service of the third respondent. However, he was permitted to retire on 31-7-2005 before concluding the disciplinary proceedings. Apparently, without any objection from his side, the disciplinary proceedings continued and he was later dismissed from service. The said employee now claims the retiral benefits, including DCRG. The contention of the third respondent is that there are allegations of misappropriations and resultant loss which entitles the third respondent to claim set off of the amounts due to it. It may also be a case where the third respondent has to seek adjudication for recovery. It would also be a case where the petitioner has to have any amounts by way of retiral benefits WP(C)9228/2008 -: 2 :- due to him as alleged quantified through appropriate proceedings. Such disputes are to be resolved by way of arbitration under Section 69 of the KCS Act. Hence, this writ petition is closed leaving the parties with opportunity to initiate arbitration proceedings before the appropriate authority in accordance with law. Any such proceedings will be decided untrammelled by anything stated in this judgment. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/050908