IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 19TH APRIL 2011 / 29TH CHAITHRA 1933 WP(C).No. 12473 of 2011(H) -------------------------- PETITIONERS: --------------------- 1. THE MEENACHIL CENTRIFUGAL LATEX FACTORY EMPLOYEES UNION, REG.NO.432/76, KAROOR POST, PALA, KOTTAYAM DISTRICT, REP. BY ITS SECRETARY. 2. T.R.PRASANTHA BABU, AGED 48 YEARS, SON OF LATE T.V.RADHAKRISHNAN, THANNIYIL HOUSE, RAMAPURAM BAZAR POST, MEENACHIL TALUK, KOTTAYAM. 3. ROY MATHEW, AGED 49 YEARS, SON OF THE LATE K.J.MATHEW, KUDILIL PARAMBIL HOUSE, PALA POST, LALAM VILLAGE, MEENACHIL TALUK, KOTTAYAM. BY ADV. SRI.P.KURUVILLA JACOB RESPONDENTS: ----------------------- 1. THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OP. SOCIETY, NO.K-118, PALA, KOTTAYAM DISTRICT, REP. BY ITS MANAGING DIRECTOR, PIN 686 575. 2. THE PRESIDENT, THE MEENACHIL RUBBER MARKETING AND PROCESSING CO-OP. SOCIETY, NO.K-118, PALA, KOTTAYAM DISTRICT, PIN 686 575. 3. THE JOINT REGISTRAR OF CO-OP. SOCIETY, COLLECTORATE BUILDING, KOTTAYAM, PIN 686 001. 4. THE ASSISTANT REGISTRAR OF CO-OP. SOCIETY, MEENACHIL POST, MEENACHIL TALUK, KOTTAYAM DISTRICT, PIN 686 589. 5. THE DISTRICT LABOUR OFFICER, COLLECTORATE BUILDING, KOTTAYAM, PIN 686 001. BY GOVT.PLEADER SHRI.T.T.MEHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.12473 of 2011-H ------------------------------------------- Dated this the 19th April, 2011 JUDGMENT The petitioners have filed this Writ Petition complaining against the action of the fifth respondent in not considering and passing appropriate orders on Ext.P4 complaint. The petitioners contend that they are regular workers of C.L.Factory at Karoor near Pala. They have been working in the factory for the past 23 to 28 years. The factory is owned by the first respondent Society. The first petitioner is a registered union of the employees represented by its Secretary. It is alleged that the majority of the members of the factory are members of the first petitioner union. They complain that they were not given the appointment to which they are entitled under Section 80 of the Co-operative Societies Act, on permanent basis. They are also not given the promotions that are legitimately due to them. The petitioners further allege that the Society has taken a decision not to make any further appointments from among the petitioners. At the WPC No.12473/2011 2 same time, they are proceeding to make appointments as per Exts.P2 and P3 notifications. According to the petitioners, the action of the respondents in not giving appointments to them and at the same time proceeding to make fresh appointments smacks of malafides and is liable to be corrected by this Court. They have also submitted Ext.P5 complaint to the third respondent on which, no orders have been passed so far. Therefore, they pray for appropriate directions to dispose of Ext.P5. 2. In view of the fact that the complaint of the petitioners is engaging the attention of the third respondent, I do not think it necessary to consider the issues on the merits. It is sufficient that the third respondent is directed to consider and dispose of Ext.P5 without further delay. 3. In the above circumstances, this Writ Petition is disposed of directing the third respondent to consider the complaint of the petitioners evidenced herein by Ext.P5, if the same has already been received and is pending, in accordance with law, as expeditiously as possible and at WPC No.12473/2011 3 any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE css/