IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 WP(C).No. 31687 of 2007(V) ------------------------------------- PETITIONER: ----------------- LISSY T.S., SECRETARY (UNDER DISMISSAL), KIZHAKOMBU MILK PRODUCERS CO-OPERATIVE SOCIETY, THOTTAPPILLIL HOUSE, P.O.KIZHAKOMBU, KOOTHATTUKULAM. BY ADV. SRI.P.VIJAYAKUMAR RESPONDENTS: ---------------------- 1. THE DEPUTY DIRECTOR OF DAIRY DEVELOPMENT, KAKKANAD, ERNAKULAM. 2. KIZHAKOMBU MILK PRODUCERS CO-OPERATIVE SOCIETY NO.E 258 (D) APCOS, REPRESENTED BY PRESIDENT, P.O.KIZHAKOMBU, KOOTHATTUKULAM. GOVERNMENT PLEADER M.T ANU SIVARAMAN BY ADV. SRI.GIGIMON ISSAC SRI.BABY THOMAS THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).NO.31687 OF 2007 ------------------------------------------- Dated this the 9th day of April, 2008 JUDGMENT The petitioner, who was an employee of a co-operative society, was dismissed from service. An application was filed before the Registrar seeking that the issue may be referred for arbitration. There is no provision in the Kerala Co-operative Societies Act or the Rules which provide for reference by one authority to another of a dispute falling under Section 69. A dispute under Section 69 has to be resolved on the basis of application under Rule 67 (2) of the KCS Rules on being filed before the appropriate authority. Under such circumstances, this writ petition is dismissed as withdrawn without prejudice to contentions on the merits and leaving the petitioner with liberty to move arbitration case by making reference in terms of the statutory provisions. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.