IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 5184 of 2007(P) ----------------------------------- PETITIONER: ----------------- JOSEPH PAUL, AGED 72 YEARS, S/O. A.M. PAUL, ARAMBANKUDIYIL HOUSE, NJAYAPPILLY P.O., KOTHAMANGALAM. BY ADV. RAMAKUMAR (SR.) RESPONDENTS: ---------------------- 1. THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, ERNAKULAM. 3. THE ADDITIONAL REGISTRAR/SECRETARY, KERALA STATE CO-OPERATIVE SOCIETIES EMPLOYEES PENSION BOARD, THIRUVANANTHAPURAM. 4. THE KOTHAMANGALAM CO-OPERATIVE MARKETING SOCIETY LTD.NO.E.137, KOTHAMANGALAM, REPRESENTED BY THE PRESIDENT. 5. SRI.JOSE THOMAS, PRESIDENT, KOTHAMANGALAM CO-OPERATIVE MARKETING SOCIETY LTD. NO.E.137, KOTHAMANGALAM. 6. SRI.K.M.THOMAS, SECRETARY, KOTHAMANGALAM CO-OPERATIVE MARKETING SOCIETY LTD. NO.E.137, KOTHAMANGALAM. R1-R3 BY GOVT. PLEADER SRI. P.K.RAVIKRISHNAN R4 BY ADV. SRI.P.V.BABY SRI.R.KIRAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO: 5184/2007 P APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR DT. 7/2/2003. EXT.P2. COPY OF THE ORDER ISSUED BY THE ASST. REGISTRAR DT. 13/3/2003. EXT.P3. COPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR TO THE SOCIETY DT. 09/05/2006. EXT.P4. COPY OF THE LETTER ISSUED BY THE SECRETARY OF THE SOCIETY DT. 4/7/06. EXT.P5. COPY OF THE ORDER ISSUED BY THE JOINT REGISTRAR OF THE PRESIDENT AND SECRETARY OF THE SOCIETY DT. 07/08/06. EXT.P6. COPY OF THE LETTER GIVEN BY THE SECRETARY AS REPLY TO EXT.P5 DT. 2/09/2006. EXT.P7. COPY OF THE LETTER BY THE JOINT REGISTRAR TO THE PETITIONER DT. 18/09/06. EXT.P8. COPY OF THE LETTER ISSUED BY THE JOINT REGISTRAR TO THE ASST. REGISTRAR DIRECTING TO TAKE NECESSARY STEPS TO GRANT TWO HIGHER GRADES AND ALSO FOR PAY REVISION DT. 30/09/06. EXT.P9. COPY OF THE ORDER ISSUED BY THE ASST. REGISTRAR DIRECTING THE PRESIDENT AND SECRETARY OF THE SOCIETY TO PROVIDE HIGHER GRADE DT. 3/11/2006. EXT.P9A. COPY OF THE -DO- DATED 20/12/2006. EXT.P10. COPY OF THE COMPLAINT LETTER SENT BY THE PETITIONER TO THE JOINT REGISTRAR DT. 20/12/2006. EXT.P11. COPY OF THE LETTER ISSUED BY THE PRESIDENT TO THE ASSISTANT REGISTRAR DT. 29/12/2006. EXT.P12. COPY OF THE RESOLUTION OF THE BOARD OF DIRECTORS OF THE MEETING HELD ON 19/12/90. EXT.P13. COPY OF THE ORDER OF SUSPENSION DT. 16/2/94 BY THE JOINT REGISTRAR. EXT.P14. COPY OF THE PROCEEDING DT. 19/11/93. EXT.P15. COPY OF THE JUDGMENT DT. 28/08/97 IN OP NO. 9660/93. EXT.P16. COPY OF THE ORDER DT. 28/06/06 IN CCC 540/06. EXT.P17. COPY OF THE ORDER DT. 23/1/07 BY THE JOINT REGISTRAR. EXT.P18. COPY OF THE BOARD RESOLUTION DT. 24/1/2003 OF THE R4. RESPONDENT'S EXHIBITS EXT.R4A. COPY OF THE PROCEEDING OF THE ADMINISTRATOR OF THE SOCIETY DT. 19/11/93. EXT.R4B. COPY OF THE ORDER GO P NO. 56/92/CO.OP DT. 9/6/92. EXT.R4C. COPY OF THE COMMUNICATION DT. 2/08/2004 SENT BY THE SOCIETY TO THE R2. EXT.R4D. COPY OF THE PENSION DOCKET SUBMITTED BY THE PETITIONER. EXT.R4E. COPY OF THE ORDER DT. 28/11/2005 IN COMPLAINT NO. 588/2005 OF THE KERALA LOK AYUKTA. EXT.R4F. COPY OF THE COMMUNICATION DT. 4/07/2006 SENT BY THE SOCIETY TO THE R2. EXT.R4G. COPY OF THE COMMUNICATION DT. 2/09/2006 SENT BY THE SOCIETY TO THE R2. EXT.R4H. COPY OF THE COMMUNICATION DT. 28/12/2006 SENT BY THE SOCIETY TO THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES (G) KOTHAMANGALAM. EXT.R4(I). COPY OF THE COMMUNICATION DT. 3/2/2007 SENT BY THE SOCIETY TO THE R2. EXT.R4J. COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. EXT.R4K. COPY OF THE UNDERTAKING DT. 4/07/06 GIVEN BY THE PETITIONER IN FAVOUR OF THE SOCIETY. True copy tga THOTTATHIL B. RADHAKRISHNAN, J. = = = = = = = = = = = = = = = = = = = = = = = = WP(C).No.5184 of 2007-P = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 28th day of March, 2008. JUDGMENT 1.The petitioner was employed by the fourth respondent. He had different claims relating to service benefits. He was placed under suspension. There were certain disciplinary proceedings. Those proceedings were finalized. He had certain continued claims regarding arrears of amounts that he claimed as pay available to him on certain revisions. The Officer exercising the powers of the Registrar repeatedly directed the Assistant Registrar to decide the issue. Answering the Assistant Registrar's query, the employer society issued Ext.P11 which contains a denial of the claims of the petitioner. 2.With the coming into force of Act 1/2000, the WP(C)5184/2007 -: 2 :- Registrar will not have the power to decide on the issue because, what is in hand is essentially a dispute between a co-operative society and a past employee. That has to be resolved by arbitration. I do not find my way to resolve that issue, having regard to the fact that if at all any orders are issued by this Court, that has to be necessarily against the society, which is not stated in Article 12 of the Constitution. 3.The decision of this Court in Prakasini v. State of Kerala [2006 (1) KLT 199] which was affirmed by the Division Bench in Raveendran v. State of Kerala [2007(3) KLT 558] advises me to hold that the petitioner has to stand relegated to the appropriate arbitrator for consideration of his claims. 4.Petitioner was 72 years when he filed this writ petition. He had virtually knocking at various doors as is available from the materials on record. He had to move the Lok Ayukta. He had to WP(C)5184/2007 -: 3 :- move the Registrar of Co-operative Societies. This is the sequence of events inspired me to direct that if the petitioner moves the appropriate arbitrator stating his claim, the arbitration proceedings shall be concluded within an outer limit of five months from the date of receipt of a copy of this judgment and appropriate filing of the case, whichever is later. THOTTATHIL B. RADHAKRISHNAN, JUDGE. Sha/090408