IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN THURSDAY, THE 5TH JUNE 2008 / 15TH JYAISHTA 1930 WP(C).No. 16734 of 2008(P) --------------------------------- PETITIONERS: ---------------- 1. J.SARASWATHY AMMA, MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE, CO-BANK TOWERS, THIRUVANANTHAPURAM. 2. OMANA MATHEW, MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE, CO-BANK TOWERS, THIRUVANANTHAPURAM. 3. M.PRADEEP KUMAR, MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., VAZHUTHACADU BRANCH, THIRUVANANTHAPURAM. 4. A.HARIKUMAR, ACCOUNTS OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., KAITHAMUKKU BRANCH, THIRUVANANTHAPURAM. 5. K.V.JOSE, ACCOUNTS OFFICER, KERALA STATE CO-OPERATIVE BANK LTD., THRISSUR BRANCH, HIGH ROAD, THRISSUR. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENTS: ----------------- 1. THE KERALA STATE CO-OPERATIVE BANK, P.B.NO.6514, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. N.RAHIM, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KAITHAMUKKU BRANCH, THIRUVANANTHAPURAM. 4. P.C.JOSEPH, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., ALAPPUZHA BRANCH, ALAPPUZHA. 5. N.JAYAKUMARAN NAIR, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., VAZHUTHAKKADU BRANCH, THIRUVANANTHAPURAM. 6. T.G.MOHANRAM, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE, THIRUVANANTHAPURAM. 7. P.K.MOHANADASAN, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE, THIRUVANANTHAPURAM. 8. K.S.VIJAYAKUMAR, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., OVER BRIDGE BRANCH, THIRUVANANTHAPURAM. 9. K.VENUGOPALAN POTTI, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., PATHANAMTHITTA BRANCH, PATHANAMTHITTA. 10. V.DIVAKARAN, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KARAMANA BRANCH, THIRUVANANTHAPURAM. 11. T.R.SURESHCHANDRAN, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., HEAD OFFICE, THIRUVANANTHAPURAM. 12. K.ASHTAPRAKAS, SENIOR MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., H.O.BRANCH, CO-BANK TOWERS, THIRUVANANTHAPURAM. 13. N.ASOK, MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., OVER BRIDGE BRANCH, THIRUVANANTHAPURAM. 14. C.RAMAKRISHNAN, MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., IDUKKI BRANCH, CHERUTHONI PO, IDUKKI. 15. B.GOPALAKRISHNAN NAIR, MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., H.O.BRANCH, CO-BANK TOWERS, THIRUVANANTHAPURAM. 16. P.VIJAYAN PILLAI, MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., OVER BRIDGE BRANCH, THIRUVANANTHAPURAM. 17. T.N.SUDHAKARAN NAIR, MANAGER, KERALA STATE CO-OPERATIVE BANK LTD., KOZHIKODE BRANCH, MOULANA MUHAMMADALI ROAD, KOZHIKODE. BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK FOR R1 TOR17 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.16734 of 2008-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 5th day of June, 2008. JUDGMENT The petitioners claim that they are entitled to preference in the matter of promotion over respondents 3 to 17 in terms of Rule 185(1) of the Kerala Co-operative Societies Rules, 1969. In terms of that rule, promotion is to be on the basis of seniority in the feeder category, except towards the posts mentioned in sub-rules (2), (3) and (4) of Rule 185. However, the challenge against the promotions and any claim on the basis of a dispute of inter-se seniority falls squarely within the parameters of Section 69 of the Kerala Co-operative Societies Act, 1969 and therefore, the matter can be decided in arbitration proceedings. However, the petitioners are entitled to a consideration of Exts.P6 and P7 because, a final decision by the employer has to WP(C)16734/2008 -: 2 :- be made before any among the aggrieved persons could pursue remedies before the appropriate forum. Under the above circumstances, while refusing to issue any further order, having regard to Section 69 of the Act and the alternate remedy available thereby, it is directed that the first respondent will ensure that Exts.P6 and P7 are considered by the competent authority and decision issued within an outer limit of one month from the date of receipt of a copy of this judgment. The writ petition is ordered accordingly. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/0506