IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 2657 of 2011(F) -------------------------------- 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 ADVS. SRI.M.RAMESH CHANDER SMT.K.A.SANJEETHA RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, CO-OPERATION DEPARTMENT, GOVERNMENT OF KERALA, TRIVANDRUM-695 001. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), KANNUR-670 002. 3. KANNUR CO-OPERATIVE URBAN BANK LTD., KANNUR-670 002, REPRESENTED BY ITS GENERAL MANAGER. 4. SUNEESH.K., APPRAISER, KANNUR CO-OPERATIVE URBAN BANK LTD., KANNUR-670 002. R1 & R2 BY GOVT.PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs P.N.RAVINDRAN, J ........................................... WP(C).NO.2657 OF 2011 ............................................ DATED THIS THE 27TH DAY OF JANUARY, 2011 JUDGMENT The petitioners are Junior Clerks in the service of third respondent bank. They have filed this writ petition challenging Ext.P2 final seniority list of employees of the bank as on 1.4.2010. The petitioners contend that 4th respondent acquired the requisite qualification only in May, 2008 and was regularised in the post of Junior Clerk only on 1.4.2009 and therefore he is not entitled to be ranked above them. The petitioners submit that aggrieved by the rank and seniority assigned to the fourth respondent in Ext.P2 seniority list, they have filed Ext.P3 representation dated 17.1.2011 before the Joint Registrar of Co- operative Societies (General) Kannur. In this writ petition, petitioners interalia seek a direction to the second respondent to consider Ext.P3 representation and pass orders thereon within a time limit to be fixed by this Court and till such time, to direct the third respondent bank not to effect promotions to the post of Senior Clerk. Wpc 2657/2011 2 2. Under Section 69(2)(d) of the Kerala Co-operative Societies Act, disputes inter se between employees of a co- operative society as regards rank and seniority to which they are entitled to, is a dispute which has to be resolved by the Co- operative Arbitration Court. In view of the amendment to section 69 of the Act by Kerala Act 1 of 2000, which came into force with effect from 2.1.2003, any dispute regarding inter se seniority between the employees of a co-operative society cannot be resolved by the Joint Registrar of Co-operative Societies. Therefore this court cannot direct the Joint Registrar of Co-operative Societies to examine Ext.P3 and take a decision in the matter. If the petitioners are aggrieved by the rank and seniority assigned to the 4th respondent in Ext.P2 seniority list, their remedy is to challenge the same before the Co-operative Arbitration Court by instituting appropriate proceedings. From the decision of the Co-operative Arbitration Court, an appeal lies to the Kerala Co-operative Tribunal. The petitioners thus have an effective and meaningful alternative remedy. In such circumstances, the challenge to Ext.P2 cannot be entertained at this stage. Accordingly, I dismiss the writ petition leaving open Wpc 2657/2011 3 the contentions of the petitioners and reserving liberty with them to move the Co-operative Arbitration Court seeking redressal of their grievances. It will be open to the petitioners to move the Co-operative Arbitration Court for appropriate interim reliefs. P.N.RAVINDRAN, JUDGE lgk