IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WA.No. 444 of 2008() -------------------- AGAINST THE JUDGEMENT IN WPC.463/2007 Dated 21/01/2008 .................... APPELLANTS: PETITIONERS: ----------------------- 1. KERALA STATE COIRFED EMPLOYEES CONGRESS (INTUC), COIRFED, ALAPPUZHA REPRESENTED BY ITS PRESIDENT A.A.SHUKKUR,(KURUMPELIL HOUSE, SEA VIEW WARD, ALAPPUZHA) 2. R.MOHANDAS, UPPER DIVISION CLERK, COIRFED, ALAPPUZHA, (VALIYAVEETTIL, ALAPPAD, KARUNAGAPPALLY). BY ADV. SRI.K.KARTHIKEYA PANICKER SMT.DAYA K. PANICKER RESPONDENTS: RESPONDENTS: ------------------------- 1. KERALA STATE CO-OPERATIVE COIR MARKETING FEDERATION LTD., ALAPPUZHA REPRESENTED BY ITS MANAGING DIRECTOR, COIRFED, ALAPPUZHA. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES/ DIRECTOR OF COIR DEVELOPMENT, NANDAVANAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.S.HARIHARAPUTHRAN SRI.T.R.HARIKUMAR GOVT. PLEADER SRI.BENNY GERVASIS. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & K.T.SANKARAN, JJ. ----------------------------------------- W.A. NO. 444 OF 2008 ----------------------------------------- Dated 22nd February, 2008. JUDGMENT Balakrishnan Nair, J. The writ petitioners are the appellants. They challenged Ext.P7 order passed by the Managing Director of the 1st respondent Society in the writ petition. It was an order passed by the 1st respondent pursuant to the direction of this Court concerning the claim of the employees to get Dearness Allowance at the rate applicable to Government Servants, by virtue of Rule 189(3) of the Kerala Co-operative Societies Rules. The learned single Judge declined to interfere with Ext.P7. But individual workmen were given liberty to invoke the statutory remedy available to them against Ext.P7. Feeling aggrieved by the judgment of the learned single Judge, this writ appeal is filed. 2. Mr.Karthikeya Panicker, learned counsel appearing for the appellants, pointed out that the point raised by the appellants is fairly covered by Ext.P2 judgment of this Court. It is also pointed out that the stand taken in Ext.P7 that the employees are bound by the terms of an expired settlement, is not correct. WA 444/2008 2 3. We heard the learned standing counsel appearing for the 1st respondent also. We feel that it is not proper for this Court to entertain the challenge against Ext.P7, which is only an order passed by the Managing Director of a Co-operative Society. The petitioners have remedies against it under the Kerala Co-operative Societies Act. They may invoke the same. It is ordered that the direction of the learned single Judge that only individual workmen can invoke the statutory remedy is vacated. The Association or the representatives of the employees can invoke all or any of the statutory remedies available to them under the provisions of the Kerala Co-operative Societies Act and the Rules framed thereunder. Subject to that observation, the writ appeal is dismissed. All the contentions of the appellants against Ext.P7 are kept open, which they may urge before the statutory authority. K.BALAKRISHNAN NAIR, JUDGE. K.T.SANKARAN, JUDGE. Nm/