IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 12TH OCTOBER 2011 / 20TH ASWINA 1933 WP(C).No. 26759 of 2011(T) ---------------------------------------- PETITIONER(S): ------------------------ G. MANMADHAN NAIR, ACCOUNTANT, CHIRAYANKEEZHU SERVICE CO-OPERATIVE BANK LTD., CHIRAYANKEEZHU, THIRUVANANTHAPURAM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.T.K.ANANDA KRISHNAN RESPONDENT(S): --------------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCEITIES, THIRUVANANTHAPURAM - 695 001. 2. CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK, REPRESENTED BY ITS SECRETARY, CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304. 3. P. RAJENDRAN NAIR, SECRETARY, CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK, CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304. 4. ANIL KUMAR.A, INTERNAL AUDITOR, CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK, CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304. 5. JOSEPH K. JOHN, ACCOUNTANT, CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK, CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304. 6. R. RAVEENDRAN NAIR, ACCOUNTANT, CHIRAYINKEEZHU SERVICE CO-OPERATIVE BANK, CHIRAYINKEEZHU, THIRUVANANTHAPURAM - 695 304. R1 BY GOVERNMENT PLEADER SRI.G.GOPAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.26759/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SENIORITY LIST PUBLISHED BY THE 2ND RESPONDENT BANK ON 22/11/2008. P2 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MANAGING COMMITTEE. P3 COPY OF THE DECISION OF THE BOARD TAKEN BY THE MANAGING COMMITTEE MEETING ON 20/2/2010. P4 COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE CO-OPERATIVE ARBITRATOR AS ARC NO.40/2010. P5 COPY OF THE ORDER OF THE 1ST RESPONDENT. P6 COPY OF THE ORDER OF THE 1ST RESPONDENT. P7 COPY OF THE ORDER OF THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 26759 of 2011 ------------------------------- Dated this the 12th day of October, 2011 J U D G M E N T The petitioner is an employee of the second respondent co-operative society. Respondents 3 to 6 are also employees of the second respondent co-operative society. When the managing committee of the second respondent society decided to permit the fourth respondent as Internal Auditor, the petitioner challenged the said order of promotion by filing A.R.C.No.40 of 2010 in the Co- operative Arbitration Court, Thiruvananthapuram. This writ petition is filed seeking expeditious disposal of the said arbitration case. The petitioner also prays for an order directing the second respondent society to refrain from making further promotions overlooking Ext.P1 seniority list. 2. When the writ petition came up for admission-hearing on 11.10.2011, the learned Government was directed to ascertain whether Arbitration Case No.40 of 2010 is pending in the Co-operative Arbitration Court, Thiruvananthapuram. When the writ petition came up for admission-hearing today, learned Government Pleader submitted on instructions that Arbitration Case No.40 of 2010 is pending in the Co-operative Arbitration Court, Thiruvananthapuram W.P.(C) No.26759 of 2011 2 and it stands posted for hearing on 28.11.2011. The learned Government Pleader also submitted that arbitration case can be disposed of expeditiously before the end of this year, if the learned counsel on both sides are prepared to co-operate with the disposal of the case. 3. The learned counsel for the petitioner submitted that in such circumstances, this Court may dispose of the writ petition with a direction to the Co-operative Arbitration Court to dispose of A.R.CNO.40 of 2010 before the end of the calendar year and also direct the second respondent society to go by Ext.P1 seniority list in the matter of effecting promotion. As regards the second request is concerned, I am of the opinion that the petitioner should move the Co-operative Arbitration Court for appropriate interim orders. Sub- section (2) of section 70 of the Kerala Co-operative Societies Act empowers the Co-operative Arbitration Court to pass interim orders as it deems fit pending resolution of the main dispute. I therefore find any reason why the petitioner should not move the Co-operative Arbitration Court for appropriate interim orders. I accordingly dispose of the writ petition with a direction to the Co-operative Arbitration Court, Thiruvananthapuram to dispose of A.R.C.No.40 of 2010 expeditiously and in any event on or before W.P.(C) No.26759 of 2011 3 31.12.2011. It will be open to the petitioner to move the Co- operative Arbitration court for appropriate interim orders and in the event of the petitioner filing an appropriate application for interim relief, the Co-operative Arbitration Court shall consider the same and pass appropriate orders thereon within one week from the date filing of such application. The contentions of both sides on merits are kept open. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.26759 of 2011 JUDGMENT Dated:- 12th October, 2011 --------------------------------------