IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 WP(C).No. 31097 of 2009(F) -------------------------- PETITIONER(S): --------------- M.G.VINOD BABU, VINOD VIHAR,KUMBALAM,KOCHI-682 506. BY ADV. SRI.VAKKOM N.VIJAYAN SRI.RAMAKRISHNAN SOMANADHAN NAIR SMT.V.RENJU SRI.P.ANIYAN SMT.M.A.RAMITHA RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,AGRICULTURE (DAIRY) DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM. 2. KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,MILMA BHAVAN,PATTOM P.O., THIRUVANANTHAPURAM,REPRESENTED BY THE MANAGING DIRECTOR. 3. THE MANAGING DIRECTOR, KERALA CO-OPERATIVE MILK MARKETING FEDERATION LTD.,MILMA BHAVAN,PATTOM P.O.,THIRUVANANTHAPURAM. 4. DIRECTOR OF DAIRY DEVELOPMENT, GOVERNMENT OF KERALA,PATTOM, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SRI. K.C SANTHOSH KUMAR SC SRI.B.S KRISHNAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN,J. ------------------------- W.P ( C) No.31097 of 2009 -------------------------- Dated this the 3rd November,2009 J U D G M E N T Petitioner is aggrieved by the alleged inaction on the part of the 2nd respondent in taking a decision in respect of payment of earned leave surrender due to the petitioner for the period while he was in service. Petitioner had earlier approached this Court by filing WPC No.11550 of 2009 in which a learned Judge of this Court, by Ext.P6 judgment, directed the competent authority to consider the claim filed by the petitioner in that regard. Subsequently, Exts.P7 and P9 communications have been issued to the petitioner, wherein, the petitioner's claim was not favourably considered. Petitioner therefore seeks the following reliefs: "i) to issue a writ of mandamus or other appropriate writ, direction or order directing the 2nd respondent to take a decision as directed in Ext.P6 and disburse the earned leave surrender and other benefits within a specified period; ii) to grant such other and further reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case; and iii) to award the cost." W.P ( C) No.31097 of 2009 2 2. Ext.P6 judgment reads thus: "Without expressing anything on merits, the competent among the respondents will issue a decision on Ext.P4, since if the request therein is not accepted, the petitioner could claim relief by way of arbitration. Let the decision on Ext.P4 follow within a period of 45 days from now." 3. Therefore, by that judgment itself this Court had relegated the petitioner to the remedy by way of arbitration, in case the decision on Ext.P4 mentioned therein is adverse to the petitioner. In fact, the claim filed by the petitioner involves ascertainment of facts on evidence, which can be done only before the Arbitration Court. Therefore, without prejudice to the right of the petitioner to seek remedies before the Co-operative Arbitration Court as provided under Section 16 of the Kerala Co-operative Societies Act, this writ petition is dismissed. (S.SIRI JAGAN,JUDGE) ma W.P ( C) No.31097 of 2009 3 W.P ( C) No.31097 of 2009 4