IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH JUNE 2011 / 23RD JYAISHTA 1933 WP(C).No. 15762 of 2011(U) ---------------------------------------- PETITIONER(S): ------------------------ P.KUNHIKRISHNAN NAIR, RETD.BRANCH MANAGER, KASARAGOD CO-OPERATIVE TOWN BANK, CHEMMATTAMBAYAL, P.O.BALLA, KANHANGAD, KASARGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S): -------------------------- 1. THE KASARGOD CO-OP.TOWN BANK LTD.NO.970, REP.BY ITS GENERAL MANAGER, KASARGOD, KASARGOD DISTRICT. 2. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES, KASARGOD. R1 BY ADV. SRI.PUSHPARAJAN KODOTH R2 BY GOVERNMENT PLEADER SRI. BASANT BALAJI THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts 2/- -2- WP(C)NO.15762/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GO(P) NO.149/10/CO-OP DATED 18/08/2010. P2 COPY OF THE REPRESENTATION DATED 27/01/2001 PREFERRED BEFORE THE FIRST RESPONDENT. P3 COPY OF THE REPRESENTATION DATED 17/3/2011 SUBMITTED BEFORE THE 2ND RESPONDENT. P4 COPY OF THE LETTER DATED 21/3/2011 ISSUED BY THE 2ND RESPONDENT. P5 COPY OF THE LETTER DATED 26/3/2011 ISSUED BY THE FIRST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts P.N.RAVINDRAN, J. ---------------------------------- W.P.(C)No. 15762 OF 2011 --------------------------------------------- Dated this the 13th day of June, 2011 J U D G M E N T The petitioner is a former employee of the first respondent bank, a co-operative society registered under the Kerala Co- operative Societies Act, 1969. He retired from service on attaining the age of superannuation on 31.12.2009. Later, by Ext.P1 Government order dated 18.08.2010, the Government revised the scale of pay and allowances payable to employees of Co-operative Urban Banks with effect from 01.04.2008. The petitioner thereafter sought the benefit of the revised scale of pay with effect from 01.04.2008 till the date of his retirement by submitting Ext.P2 representation dated 27.01.2011 to the General Manager of the first respondent bank. The said representation was followed by Ext.P3 representation dated 17.03.2011 to the Joint Registrar of Co-operative Societies (General), Kasaragod. The Joint Registrar of Co-operative Societies in turn, forwarded the said representation to the General Manager of the first respondent bank with a direction to consider the request in Ext.P3 and to inform the petitioner at the earliest. The first respondent thereafter sent a letter dated 26.03.2011 to the petitioner informing him that the Ext.P1 Government order has not been W.P.(C)No. 15762 OF 2011 2 implemented due to the huge financial burden on the bank. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the respondents to grant him arrears of salary and other attendant benefits in terms of Ext.P1 Government order together with interest within a time limit to be fixed by this Court. 2. Section 69 (1)(c) read with provisions of clause-(d) of sub section (2) of section 69 of the Kerala Co-operative Societies Act entitles the petitioner, a former employee of the first respondent bank, to move the Co-operative Arbitration Court seeking redressal of his grievances. From the decision of the Co- operative Arbitration Court, an appeal lies to the Kerala Co- operative Tribunal. The petitioner has thus an effective alternative remedy for the redressal of his grievances. Such being the situation, I am of the opinion that the petitioner should invoke the alternative remedy available to him before invoking the jurisdiction of this Court. I accordingly decline jurisdiction and dismiss the writ petition leaving open the petitioner's contentions and reserving liberty with him to move the Co-operative Arbitration Court seeking redressal of his grievances. P.N.RAVINDRAN, JUDGE dmb