IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 6TH MAY 2011 / 16TH VAISAKHA 1933 WP(C).No. 12667 of 2011(G) -------------------------- PETITIONERS: ------------------- 1. M.K.VARGHESE, MATTATHIL HOUSE, VEMPILLYKARA, VEMPILLY P.O., KUNNATHUNADU. 2. U.A.PAPPACHAN, UTHUPPAN HOUSE, CHERANELLOOR P.O., THOTTUVAKARA, KUNNATHUNADU. 3. M.A.SAROJINI, PLAPPILLIL HOUSE, OORAMANA P.O., RAMAMANGALAM. 4. P.N.SREEDEVI, SREERAGAM HOUSE, THOTTUVAKARA, KOOVAPPADY P.O. 5. K.K.SUSHAMMA, EDAPPATTU HOUSE, MANNUR, KEEZHILLAM, PERUMBAVOOR. 6. K.BINU, PULINATTU HOUSE, M-22, H.B.COLONY, IST MILE PERUMBAVOOR P.O., ERNAKULAM. 7. M.K.SHAKKER, MUHAPPILLY HOUSE, MARAMPALLY, ALWAYE, PERUMBAVOOR. BY ADV. SRI.P.P.JACOB SRI.T.P.GOPAKUMAR RESPONDENTS: ---------------------- 1. THE ERNAKULAM CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK LTD.NO.E 87, ALWAYE, PIN-683 101, REPRESENTED BY ITS SECRETARY. 2. THE CO-OPERATIVE ARBITRATION COURT, THIRUVANANTHAPURAM-1. 3. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (G), ERNAKULAM, COCHIN-16. 4. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G)/ARBITRATOR, OFFICE OF THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES, ALWAYE, PIN-683 101. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.SURENDRA MOHAN, J. ------------------------------------------- W.P.(C) No.12667 of 2011 ------------------------------------------- Dated this the 6th May, 2011 JUDGMENT The petitioners are employees of the Kunnathunadu Co- operative Agricultural and Rural Development Bank Ltd., Perumbavoor, constituted pursuant to the bifurcation orders issued by the Joint Registrar (G), Ernakulam separating the erstwhile Ernakulam Co-operative Agricultural and Rural Development Bank, the first respondent. The petitioners were employees of the first respondent. The first respondent had filed ARC No.156 of 2009 before the third and fourth respondents for recovery of amounts paid by it as salary, bonus etc. from its retired employees. The same is pending before the Co-operative Arbitration Court. As per Ext.P1 judgment, ARC Nos.156 of 2009 to 164 of 2009 were directed to be transferred to the Co-operative Arbitration Court to be tried and disposed of together. The first respondent filed ARC Nos.515 of 2010 to 522 of 2010 before the fourth respondent against the petitioners claiming similar reliefs. The petitioners filed WPC No.12667/2011 2 Exts.P3 and P4 petitions for transfer of the cases to the Co- operative Arbitration Court as directed in Ext.P1 judgment. However, the said petitions have not been considered. Therefore, the cases are being posted before the fourth respondent and the said authority is proceeding to consider the matter on the merits. In the above circumstances, the petitioners have filed this writ petition seeking a similar order as Ext.P1. 2. I have heard the learned Government Pleader also. 3. In view of the fact that the question regarding recoveries from similar employees, though retired, are pending before the Co-operative Arbitration Court, it is only appropriate that the cases filed against the petitioners are also tried together with the said cases. In the above circumstances, this petition also can be allowed and the third respondent can be directed to transfer the cases against the petitioners also to the Co-operative Arbitration Court. 4. In the above circumstances, this writ petition is disposed of directing the fourth respondent to transfer to the second respondent - Co-operative Arbitration Court, Thiruvananthapuram ARC Nos.515 of 2010, 516 of 2010, 517 WPC No.12667/2011 3 of 2010, 518 of 2010, 519 of 2010, 520 of 2010, 521 of 2010 and 522 of 2010 to be tried along with the cases transferred to the said Court as per Ext.P1 judgment of this Court. The above cases shall be transferred within a period of one month from today. K.SURENDRA MOHAN, JUDGE css/