IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD SEPTEMBER 2009 / 1ST ASWINA 1931 WP(C).No. 26612 of 2009(V) -------------------------- PETITIONER(S): --------------- NAVAKUMARAN NAIR S., SHIFT SUPERVISOR, KERALA STATE CO-OP. RUBBER MARKETING FEDERATION LTD., INTERMIX FACTORY, KATTAMPACK P.O., KOTTAYAM. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, CO-OP. DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE KERALA STATE CO-OP. RUBBER MARKETING FEDERATION LTD., P.B.NO.15, GANDHI NAGAR, COCHIN-682 020, REP. BY ITS MANAGING DIRECTOR. 3. THE REGISTRAR OF CO-OP. SOCIETIES, THIRUVANANTHAPURAM. 4. THE FACTORY MANAGER, KERALA STATE CO-OP. RUBBER MARKETING FEDERATION LTD., INTERMIX FACTOR, KATTAMPACK P.O., KOTTAYAM. ADV.RAMAPRASAD UNNI.T. G.P. SHRI.K.C.SANTHOSH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P(C).No.26612 of 2009 ================== Dated this the 23rd day of September, 2009 J U D G M E N T The petitioner is an employee of the 2nd respondent-Kerala State Co-operative Rubber Marketing Federation. Some employees of the establishment are on strike. As a result, the factory is not functioning. The petitioner is prepared to work. But, by Exts.P4 and P5, the petitioner has been prevented from entering the factory premises by respondents 2 and 4. The petitioner submits that this is unjust and illegal. The petitioner, therefore, seeks the following reliefs: “i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Exts.P4 and P5 and quashing the same. ii) issue a writ of mandamus or any other appropriate writ, direction or order directing respondents to allow the petitioner to enter the Intermix Factory at Kattampack.” I am of opinion that the remedy of the petitioner lies in filing an arbitration case under Section 69 of the Kerala Co-operative Societies Act. Without prejudice to such right of the petitioner, this writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2