IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 WP(C).No. 9747 of 2011(P) ------------------------- PETITIONER(S): --------------- MERIL CHERIAN, CLERK, SASIMALA MILK PRODUCERS CO-OPERATIVER SOCIETY LIMITED NO. W 22 (D), P.O. SASIMALA, PULPALLI VIA, WAYANAD DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): --------------- 1. SASIMALA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED NO. W 22 (D), REP. BY ITS SECRETARY, P.O. SASIMALA, PULPALLI VIA, WAYANAD DISTRICT. 2. BOARD OF DIRECTORS, SASIMALA MILK PRODUCERS CO-OPERATIVE SOCIETY LIMITED NO. W 22 (D), REP. BY ITS PRESIDENT, P.O. SASIMALA, PULPALLI VIA, WAYANAD DISTRICT. 3. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, KALPETTA, WAYANAD. 4. THE DIRECTOR, DIARY DEVELOPMENT DEPARTMENT, DIRECTORATE OF DIARY DEVELOPMENT, PATTOM, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------------------- W.P(C).No.9747 of 2011 ----------------------------------------- Dated this the 5th April, 2011 JUDGMENT The petitioner, who is an employee of the first respondent society, has filed this writ petition challenging Ext.P7 notification issued by the society inviting applications from eligible persons for appointment as Secretary of the society. The petitioner also seeks a direction to the first respondent society to promote her to the category of Secretary. The main contention raised by the petitioner is that in view of Ext.P3 government order she is entitled to be promoted to the category of Secretary as she possesses the qualification prescribed for the post and therefore the vacancy of Secretary cannot be filled up by direct recruitment. 2. In my opinion if the petitioner is aggrieved by Ext.P7 notification her remedy lies in moving the Co-operative Arbitration Court constituted under section 70A of the Kerala Co-operative Societies Act. Under section 69 of the Kerala Co-operative Societies Act disputes arising in connection with employment of officers and servants of co-operative societies specified in sub- W.P(C) NO.9747/2011 -:2:- section (1) of section 80 including their promotion and inter se seniority have to be decided by the Co-operative Arbitration Court. The Co-operative Arbitration Court can also pass interim orders pending resolution of the dispute as is clear from sub- section (2) of section 70 of the Kerala Co-operative Societies Act. The petitioner has no case that the first respondent society is not a society governed by section 80 of the Act. The petitioner thus has a meaningful and effective alternate remedy where she can put forward her grievances. The petitioner has however, filed an affidavit stating that the Co-operative Arbitration Court is not scheduled to sit till 13.4.2011. As 13.4.2011 is likely to be a public holiday, there is no likelihood of a sitting on that day and therefore the petitioner is not in a position to move the Co- operative Arbitration Court and seek interim relief. Ext.P7 notification was issued on 25.2.2011. This writ petition was filed on 25.3.2011. The petitioner could have immediately after Ext.P7 notification was issued, move the Co-operative Arbitration Court challenging Ext.P7 notification and also sought interim orders. Apart from the statement made by the petitioner, there is no material to hold that the Co-operative Arbitration Court is not holding regular sitting. Therefore, I do not find any ground to W.P(C) NO.9747/2011 -:3:- entertain this writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to challenge Ext.P7 notification in other appropriate proceedings. P.N.RAVINDRAN, Judge. ahg. P.N.RAVINDRAN, J. --------------------------- W.P(C).No.9747 of 2011 ---------------------------- JUDGMENT 5th April, 2011