IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 1ST MARCH 2011 / 10TH PHALGUNA 1932 WP(C).No. 5705 of 2011(K) ------------------------- PETITIONER(S): --------------- 1. BINDU.K.M, JUNIOR CLERK, KANNUR CO-OPERATIVE URBAN BANK LTD., KANNUR. 2. PRIYESH.K, JUNIOR CLERK, KANNUR CO-OPERATIVE URBAN BANK LTD., KANNUR. 3. SINDHU.V.V, JUNIOR CLERK, KANNUR CO-OPERATIVE URBAN BANK LTD., KANNUR. BY ADV. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------- 1. CO-OPERATIVE ARBITRATION COURT, TRIVANDRUM - 695 001. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATIVE DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-670 002. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR - 670 002. 4. KANNUR CO-OPERATIVE URBAN BANK LTD., KANNUR - 670 002, REPRESENTED BY ITS GENERAL MANAGER. 5. SUNEESH.K, APPRAISER, KANNUR CO-OPERATIVE URBAN BANK LTD., KANNUR - 670 002. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.5705 of 2011 ----------------------------------------- Dated this the 1st March, 2011 JUDGMENT The petitioners are Junior Clerks in the service of the 4th respondent bank. They had earlier filed W.P(C)No.2657 of 2011 challenging Ext.P2, the final seniority list of employees of the 4th respondent bank as on 1.4.2010. It was contended that the 5th respondent herein, who was the 4th respondent in the said writ petition, acquired the requisite qualification only in 2008 and was regularised in the category of Junior Clerk only on 1.4.2009 and therefore he is not entitled to be assigned rank and seniority over the petitioners. In W.P(C)No.2657 of 2011 they had inter alia sought a direction to the Joint Registrar of Co-operative Societies (General) Kannur to consider the representation filed by them objecting to the rank and seniority assigned to the 5th respondent in Ext.P2 seniority list. By Ext.P4 judgment delivered on 27.1.2011, I held that if the petitioners are aggrieved by Ext.P2 seniority list their remedy is to move the Co-operative Arbitration Court and therefore they cannot challenge Ext.P2 seniority list W.P(C) NO.5705/2011 -:2:- before the Joint Registrar. The writ petition was accordingly dismissed leaving open the contentions of the petitioners and reserving liberty with them to move the Co-operative Arbitration Court. It was also observed that it will be open to the petitioners to move the Co-operative Arbitration Court for appropriate interim reliefs. The petitioners state that though thereafter they filed Ext.P5 petition before the Co-operative Arbitration Court and it was numbered as A.R.C.No.9 of 2011 and an application for interim relief was also filed along with it, orders have not been passed on the application for interim relief for the reason that a new Co-operative Arbitration Court has been established at Calicut and A.R.C.No.9 of 2011 has been transferred to Calicut. It is also stated that as the Presiding Officer has not been appointed at Calicut even after transfer of the case no orders have been passed on the application for stay filed in A.R.C.No.9 of 2011. In this writ petition the petitioners seek a direction to the Co-operative Arbitration Court to pass orders on Ext.P5 appeal and Ext.P6 stay petition within a time limit to be fixed by this Court. 2. Sri.Basant Balaji, learned Government Pleader appearing for the respondents, submits on instructions that a Presiding Officer has been appointed in Kozhikode, that he assumed charge W.P(C) NO.5705/2011 -:3:- on 17.2.2011 and that the full-fledged functioning of the Co-operative Arbitration Court will commence in the third week of March 2011. In such circumstances I dispose of the writ petition with a direction to the Co-operative Arbitration Court, Kozhikode to which A.R.C.No.9 of 2011 on the file of the Co-operative Arbitration Court, Trivandrum stands transferred, to take up the application for stay filed in A.R.C.No.9 of 2011 and pass appropriate orders thereon expeditiously and in any event before 31.3.2011. Till such time the 4th respondent bank shall maintain the status quo as on today as regards promotions to the post of Senior Clerk. The Co-operative Arbitration Court, Kozhikode shall also hear and dispose of A.R.C.No.9 of 2011 expeditiously. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.5705 of 2011 ---------------------------- JUDGMENT 1st March, 2011