IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 22ND SEPTEMBER 2010 / 31ST BHADRA 1932 WP(C).No. 21720 of 2009(H) -------------------------- PETITIONER -------------- SMT.P.L.SARADHAMMA, W/O. RAJAN, AGED 47, NOW UNDER SUSPENSION, SECRETARY, KOSADY SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY LTD.NO.K-662, MADUKKA P.O., MUNDAKKAYAM, KOTTAYAM DIST. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS ------------------- 1. THE JOINT REGISTRAR (GENERAL), CO-OPERATIVE SOCIETIES DEPARTMENT, CIVIL LINES, KOTTAYAM. 2. KOSADY SCHEDULED TRIBE SERVICE CO-OP. SOCIETY LTD., REPRESENTED BY ITS SECRETARY, MADUKKA P.O., MUNDAKKAYAM, KOTTAYAM DIST. 3. THE PRESIDENT, KOSADY SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY LTD., MADUKKA P.O., MUNDAKAYAM, KOTTAYAM DIST. ADV. SRI.LIJI.J.VADAKEDOM FOR R2-3 GOVERNMENT PLEADER FOR R1 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO. 21720/09 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF ORDER DT.3.11.2008 ISSUED BY THE SECRETARY OF KOSADY SCHEDULED TRIBE SERVICE CO-OPERATIVE SOCIETY, KOTTAYAM TO THE PETITIONER. EXT.P2: TRUE COPY OF APPLICATION DT.5.2.08 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3: TRUE COPY OF ORDER DT.5.5.08 PASSED BY THE 1ST RESPONDENT. RESPONDENTS' EXTS: EXT.R2(A):TRUE COPY OF EMPLOYMENT CERTIFICATE ISSUED TO THE KOTTAYAM DISTRICT CO-OPERATIVE BANK DT.26.11.2005 SHOWING THE DETAILS OF THE SALARY OF THE PETITIONER. EXT.R2(B):TRUE COPY OF JUDGMENT DT.9.7.09 IN W.P.(C)NO. 15715/09 . EXT.R2(C):TRUE COY OF VOUCHER DATED NIL SHOWING THE PAYMENT OF SALARY FOR THE MONTHS OF APRIL AND MAY 2008. EXT.R2(D):TRUE COPY OF VOUCHER DT.31.3.08 SHOWING THE PAYMENT OF SALARY FOR THE MONTHS OF JANUARY 008 TILL MARCH 2008. EXT.R2(E): TRUE COPY OF VOUCHER DATED NIL SHOWING THE PAYMENT OF SALARY FROM AUGUST 2007 TILL DECEMBER, 2007. EXT.R2(F): TRUE COPY OF VOUCHER DT.6.8.07 SHOWING THE PAYMENT OF SALARY FROM APRIL 2007 TILL JULY 2007. EXT.R2(G):TRUE COPY OF VOUCHER DT.30.3.07 SHOWING THE PAYMENT OF SALARY FROM NOVEMBER, 2006 TILL MARCH 2007. EXT.R2(H):TRUE COPY OF VOUCHER DATED NIL SHOWING THE PAYMENT OF SALARY FROM JULY 2006 TILL SEPTEMBER, 2006. EXT.R2(I): TRUE COPY OF VOUCHER DT.22.6.2006 SHOWING THE PAYMENT OF SALARY FROM APRIL 2006 TILL JUNE, 2006. EXT.R2(J): TRUE COPY OF VOUCHER DT.1.3.2006 SHOWING THE PAYMENT OF SALARY FOR THE MONTH OF FEBRUARY, 2006. EXT.R2(K):TRUE COPY OF VOUCHER DT.8.2.2006 SHOWING THE PAYMENT OF SALARY FOR THE MONTH OF JANUARY, 2006. EXT.R2(L): TRUE COPY OF ACQUITTANCE ROLL OF THE 2ND RESPONDENT BANK. EXT.R2(M):TRUE COPY OF DAY BOOK OF THE 2ND RESPONDENT-BANK(PAGE 283) EXT.R2(N):TRUE COPY OF A.R.C.NO.846/09 BEFORE THE ASST.REGISTRAR, KANJIRAPPALLY. True copy T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.21720 Of 2009 ----------------------------------------------------- DATED THIS THE 22nd DAY OF SEPTEMBER, 2010 JUDGMENT The petitioner herein was the Secretary of the 2nd respondent-Society, who was subjected to disciplinary action by the Society. Second respondent is a Society representing Schedule Tribe Members classified as Class VI by the Co-operative Department. The petitioner alone was the employee in the Society who was in service for a long period of 18 years. She was placed under suspension by order dated 3.7.2008. The petitioner filed a complaint before the Department seeking for payment of salary, wherein by Exhibit P3, the Society was directed to take steps to disburse the arrears without further delay. Seeking for implementation of the direction, this Writ Petition has been filed. 2. The second respondent has filed a counter affidavit. It is pointed out that the petitioner was not drawing Rs.4,701/- as claimed in the Writ Petition and the net salary was Rs.3,566/- and the take home salary was only Rs.3,417/-, after deductions. It is also submitted that the petitioner has drawn various W.P.(C)No.21720/09 -2- amounts as salary during these years and Exhibits R2(c) to R2(k) are relied upon in support of the above plea. 3. The petitioner has filed a reply affidavit disputing the averments in the counter affidavit. 4. Evidently, the issue whether the petitioner is entitled for payment of the entire salary as claimed and whether there was any default on the part of the Society to disburse the salary is a question of fact. Herein, the petitioner has sought for a direction to the Society to disburse the salary. The total amount as such is not shown in the relief portion. It is not quantified in Exhibit P3 also. The learned counsel for the Society submitted that already A.R.C.No.846/09 filed by the petitioner is pending before the Assistant Registrar, Co-operative Societies(General), Kanjirappally wherein she has sought for release of an amount of Rs.1,55,851/- kept by her in her savings bank account with the Society. 5. Essentially, the claim raised by the petitioner is a claim for payment of money. Since the Society deny their liability, this Court will not be able to grant any relief to the petitioner in the absence of an adjudication by a proper authority concerned. W.P.(C)No.21720/09 -3- Going by the averments in the Writ Petition as well as in the counter affidavit, it requires elaborate evidence to be adduced by both parties before a competent authority. 6. The petitioner has got an effective and alternate remedy under the Co-operative Societies Act to seek an arbitration of the dispute. Evidently, any dispute regarding payment of salary will be within the term of “dispute” as provided in the Co-operative Societies Act. Therefore the petitioner can raise a dispute under Section 69 of the Kerala Co-operative Societies Act before the appropriate authority. In that view of the matter, the Writ Petition is disposed of permitting the petitioner to approach the concerned Officer of the Department, namely, the Officer authorised to deal with disputes under Section 69 of the Co-operative Societies Act for adjudication of the dispute with regard to non-payment of salary. No costs. SD/- (T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A. to Judge