IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN MONDAY, THE 21ST JULY 2008 / 30TH ASHADHA 1930 WP(C).No. 1262 of 2007(A) ------------------------- PETITIONER: ------------ 1. M. SURESHAN, JUNIOR CLERK, TALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK HEAD OFFICE, PAYYANNUR, PERUMBA, KANNUR DISTRICT. 2. K. SREEDHARAN, SENIOR SUPERVISOR TALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL AND RURAL DEVELOPMENT BANK NADUVIL SUB OFFICE, P.O.NADUVIL, TALIPARAMBA, KANNUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATIVE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE JOINT REGISTRAR (GENERAL) CO-OPERATIVE SOCIETIES, KANNUR. 4. THE TALIPARAMBA PRIMARY CO-OPERATIVE AGRICULTURAL & RURAL DEVELOPMENT BAN LTD., NO.C.1007, PERUMBA, P.O.PAYYANNUR, KANNUR DISTRICT. R1 TO R3 BY GOVT. PLEADER SRI.P.K.RAVIKRISHNAN R4 BY ADV. SRI.M.SASINDRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.1262/07 PETITIONER'S EXHIBITS: EXT.P1: TRUE COPY OF THE ORDER DATED 10.4.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P2: TRUE COPY OF THE ORDER DATED 8.7.2002. EXT.P3: TRUE COPY OF THE ORDER DATED 23.1.2002. EXT.P4: TRUE COPY OF THE RESOLUTION NO.1 DATED 11.2.2003 ISSUED BY THE ADMINISTRATOR. EXT.P5: TRUE COPY OF THE LETTER DATED 16.4.2003 ISSUED BY THE 3RD RESPONDENT. EXT.P6: TRUE COPY OF THE ORDER DATED 26.10.2006 ISSUED BY THE3RD RESPONDENT. EXT.P7: TRUE COPY OF THE NOTICE DATED 22.12.2006 ISSUED BY THE 4TH RESPONDENT. EXT.P8: TRUE COPY OF THE JOINT STATEMENT IN I.D.52/2002 FILED BY THE PRESIDENT OF THE 4TH RESPONDENT BANK AND THE 1ST PETITIONER. EXT.P9: TRUE COPY OF THE ORDER DATED 3.3.2003 PASSED BY THE INDUSTRIAL TRIBUNAL, KOZHIKODE. EXT.P10: TRUE COPY OF THE ORDER DATED 17.3.2004 PASSED BY THE 3RD REPSONDENT. /TRUE COPY/ THOTTATHIL B.RADHAKRISHNAN, J. ------------------------------------------- W.P(C).No.1262 OF 2007 ------------------------------------------- Dated this the 21st day of July, 2008 JUDGMENT The two petitioners and certain others suffered Exts.P6 and P7 orders which are appealable under Section 83 (1) (j) of the Kerala Co-operative Societies Act, 1969, hereinafter, 'the Act', for short. This writ petition was entertained on 11.1.2007 and an interim order issued, restraining enforcement of those decisions and consequential recovery of arrears of salary and backwages from the petitioners. However, yet another person who also suffered by reason of the same impugned orders approached the Government and filed an appeal under the aforesaid provision. The Government have, therefore, sought a clarification as to whether that appeal could be heard in view of the pendency of this writ petition. 2. Having heard counsel for parties, I deem it appropriate that the Government addresses on the questions regarding the sustainability of Exts.P6 and P7, including in the case of the WPC.1262/07 Page numbers petitioners raised through contentions, also including mixed questions of law and facts that could easily be taken care of in a statutory appeal under Section 83 (1) (j) of the Act. In the aforesaid circumstances, this writ petition is closed, without entering on merits and without prejudice to the right of the petitioners to file appeal before the Government as against the impugned orders and if such appeal is filed within a period of three weeks from now, that will be treated as within time and appropriate decision will be taken by considering it along with the appeal field by another employee of the 4th respondent and pending before the Government. Until such decision is taken, the interim order restraining the 4th respondent from recovering any arrears of salary and backwages on the basis of the interim orders as already issued and governing the parties will continue. Sd/- THOTTATHIL B.RADHAKRISHNAN, Judge kkb.22/7.