IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 11TH AUGUST 2009 / 20TH SRAVANA 1931 WP(C).No. 31436 of 2006(P) -------------------------- PETITIONER(S): ------------------ E.HARIKUMARAN THAMPI, 'ATHAM', KANJIYOORKONAM, KATTAKADA P.O., THIRUVANANTHAPURAM. FORMERLY WORKING AS ACCOUNTANT CUM-SECRETARY, I.T.D.C. EMPLOYEES, CO-OP. SOCIETY LTD. NO.787. BY ADV. SRI.GEORGE JACOB (JOSE) SMT.N.G.ANITHA RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO THE CO-OPERATION DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 4. THE KERALA CO-OPERATIVE EMPLOYEES' PENSION BOARD, THIRUVANANTHAPURAM, REPRESENTED BY IT'S SECRETARY. 5. THE KERALA STATE EMPLOYEES WELFARE BOARD, THIRUVANANTHAPURAM. 6. THE LIQUIDATOR (CO-OPERATIVE INSPECTOR), VIZHINJAM UNIT, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, NEYYATTINKARA (ITDC EMPLOYEES CO-OPERATIVE SOCIETY LTD. NO.787, KOVALAM ASHOK BEACH RESORT, KOVALAM P.O., THIRUVANANTHAPURAM.) GOVT.PLEADER SRI.K.S.MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.31436/06 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE PETITION DT 24.12.2004 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P2: TRUE COPY OF THE PETITION DT 1.1.2005 SUBMITTED BY THE PETITIONER. EXT.P3: TRUE COPY OF THE COMMUNICATION DT 22.1.2005 RECEIVED FROM THE 3RD RESPONDENT. EXT.P4: TRUE COPY OF THE REPRESENTATION DT 10.6.2006 BY THE PETITIONER. EXT.P5: TRUE COPY OF THE REPRESENTATION DT 4.10.2006 SUBMITTED BY THE PETITIONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 31436 OF 2006 (P) ===================== Dated this the 11th day of August, 2009 J U D G M E N T Petitioner submits that he had joined the ITDC Employees Co-operative Society Limited as a Junior Clerk on 12/3/86. After earning promotion as Senior Clerk, he was again promoted as Accountant when he was functioning as Secretary also. It is stated that while so, there was change of management of the ITDC Hotel and finally, the 6th respondent discharged him from service on 23/12/2004. It is stated that though wages had been paid, till that date, there was no legal termination of his services and that at any rate, the benefits that are due for the service rendered have not been paid so far. It is in these circumstances the writ petition is filed praying for releasing the monetary benefits that are due to the petitioner. 2. Learned Government Pleader however points out that subsequent to the change of the management of the Hotel in question, all employees of the ITDC Hotel were given voluntary retirement. It is stated that as a result thereof, the number of members of the Society fell below the minimum number of 25 and WPC 31436/06 :2 : therefore the 6th respondent was appointed as the Liquidator of the Society. It is stated that liquidation proceedings is still pending and that the assets and liabilities of the society are yet to be determined. It is stated that it was therefore that payments could not be made to the petitioner. 3. Irrespective of the above, fact remains that if monetary benefits are due to the petitioner, it will be open to the petitioner to realise the same. However, this necessarily requires an adjudication of the exact amount that is due, which is possible only after evidence is adduced and materials in support thereof are produced. 4. Having regard to the fact that such adjudication is possible only in a proceedings under Section 69 of the Co- operative Societies Act, I feel the right remedy available to the petitioner is to pursue such proceedings. Therefore, I dispose of this writ petition directing that if within one month from today, the petitioner initiates proceedings under Section 69 of the Kerala Co-operative Societies Act, the Arbitrator shall decide the matter with due expedition that it requires. ANTONY DOMINIC, JUDGE Rp