IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 15TH JANUARY 2008 / 25TH POUSHA 1929 WP(C).No. 1828 of 2008(P) ----------------------------------------- PETITIONERS: -------------------- 1. P.T.ANTONY, JUNIOR CLERK, NOW REVERTED AS PEON, TALIPARAMBA PRIMARY CO.OP.AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., PAYYANNUR, KANNUR DISTRICT. 2. C.K.RAJAN, JUNIOR CLERK, NOW REVERTED AS PEON, TALIPARAMBA PRIMARY CO.OP.AGRICULTURAL & RURAL DEVELOPMENT BANK LTD., SUB OFFICE, NADUVIL, KANNUR DISTRICT. BY ADV. SRI.C.MURALIKRISHNAN (PAYYANUR) RESPONDENTS: ---------------------- 1. THE JOINT REGISTRAR OF CO.OP. SOCIETIES, (GENERAL), KANNUR. 2. THE TALIPARAMBA PRIMARY CO.OP. AGRICULTURAL & RURAL DEVELOPMENT BANK LTD.NO.C.1007, PERUMBA P.O. PAYYANNUR, REPRESENTED BY ITS SECRETARY. R1 BY GOVERNMENT PLEADER SMT.ANU SIVARAM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B.RADHAKRISHNAN, J. ----------------------------------- W.P.(C).No. 1828 of 2008-P ------------------------------------ Dated this the 15th day of January, 2008. J U D G M E N T Petitioners are employees of the second respondent Bank. They are aggrieved by certain decisions taken by the Board of Directors of the second respondent regarding their promotion including cancellation of promotion. The question whether the promotions already granted to the petitioners are liable to be cancelled is a matter that can gain attention on arbitration proceedings under the Kerala Co-operative Societies Act. The Arbitrator will also have power to decide whether any interlocutory order needs to be issued. Learned counsel for the petitioners submits that, Ext.P5 issued by the Joint Registrar has triggered the action. It does not appear to be so. This is because, though the second respondent applied to the first respondent, all that the first respondent has done in Ext.P5, is to say that the Board of the second respondent can take appropriate action as necessary for its purpose. This does not mean that the first respondent, by Ext.P5 has given his seal of approval for handling the matter as has been done by the employer. Therefore, Ext.P5 is to be ignored. Exts.P3 and P4 which are filed before the Joint Registrar are also without authority and therefore Exts.P3 and P4 shall not be acted upon. (2). The petitioners can initiate arbitration proceedings on W.P.C.No.1828/2008 -2- account of the alleged cancellation of their promotion. Ext.P5 shall be ignored. If the petitioners apply for interim orders pending arbitration, such application shall be considered without delay. THOTTATHIL B.RADHAKRISHNAN, JUDGE. MS