IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH SEPTEMBER 2011 / 5TH ASWINA 1933 WP(C).No. 24920 of 2011(L) --------------------------------------- PETITIONER(S): ---------------------- R. SUMATHI, W/O.VINOD, RESIDING AT VELLALICHIPOTTA, PATTATHALACHI, ELAPULLY, PALAKKAD-678 622. BY SRI.V.CHITAMBARESH, SENIOR ADVOCATE, ADV. SRI.T.C.SURESH MENON, SRI.JIBU P THOMAS, SRI.P.S.APPU, SRI.A.R.NIMOD, SRI.C.A.ANOOP. RESPONDENT(S): ------------------------- 1. THE DEPUTY DIRECTOR, DIARY DEVELOPMENT, PALAKKAD. 2. THE KOOLIYODE KSHEEROLPADAKA SAHAKARANA SANGHAM LIMITED, NO.P-296(D) APCOS, REPRESENTED BY ITS SECRETARY, ELAPULLY. P.O., PALAKKAD-678 622. 3. THE CONVENOR, DISCIPLINARY SUB COMMITTEE, KOOLIYODE KSHEEROLPADAKA SAHAKARANA SANGHAM LIMITED, NO.P-296(D) APCOS, ELAPULLY. P.O., PALAKKAD-678 622. R1 BY GOVT. PLEADER MR.G. GOPAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 24920 of 2011(L) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF SUSPENSION DATED 14.1.2010. EXT.P2 TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT DATED 6.2.2010. EXT.P3 TRUE COPY OF THE APPLICATION MADE UNDER RULE 176 OF THE CO-OPERATIVE SOCIETIES RULES DATED 18.1.2010. EXT.P4 TRUE COPY OF THE JUDGMENT IN W.P.(C)NO.19550/2010 ON THE FILE OF THIS HONOURABLE COURT DATED 23.6.2010. EXT.P5 TRUE COPY OF THE ORDER PASSED BY THE FIRST RESPONDENT DATED 13.10.2010. EXT.P6 TRUE COPY OF THE MEMO ISSUED BY THE SECOND RESPONDENT DATED 15.10.2010. EXT.P7 TRUE COPY OF THE ORDER PASSED BY THE SECOND RESPONDENT DATED 16.10.2010. EXT.P8 TRUE COPY OF THE LETTER ADDRESSED BY THE PETITIONER TO THE FIRST RESPONDENT DATED 22.10.2010. EXT.P9 TRUE COPY OF THE NOTICE ISSUED BY THE FIRST RESPONDENT DATED 22.10.2010. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE rs P.N. RAVINDRAN, J. ------------------------------- W.P (C) No. 24920 of 2011 ------------------------------- Dated this the 27th day of September, 2011 J U D G M E N T Ext.P7 proceedings dated 16.10.2010 issued by the President of the second respondent is under challenge in this writ petition. By that order, the petitioner was dismissed from service after holding an enquiry. 2. The second respondent is a co-operative society registered under the Kerala Co-operative Societies Act, 1969 (hereinafter referred to as 'the Act' for short). Under section 69(2) of the Act, the petitioner can canvass the correctness of Ext.P7 before the Co-operative Arbitration Court. From the decision of the Co- operative Arbitration Court, an appeal lies to the Kerala Co-operative Tribunal. Besides, as held by a learned single Judge of this Court in A.R.Nagar Service Co-operative Bank v. State of Kerala (2010 (1) KLT 55) and a Division Bench of this Court in Thodupuzha Taluk General Marketing Co-op. Society v. Michael Sebastian (2010 (1) KLT 938) to which I was a party, the Labour Court constituted under the Industrial Disputes Act will also have jurisdiction to entertain and dispose of disputes arising in connection with the employment of officers and servants of co-operative societies. The petitioner has W.P.(C) No.24920 of 2011 2 thus effective and meaningful alternate remedies wherein she can canvass the correctness of Ext.P7 proceedings. I, therefore, find no grounds to entertain the writ petition. I accordingly decline jurisdiction and dismiss the writ petition leaving open the petitioner's contentions and reserving liberty with her to challenge Ext.P7 in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. nj. P.N.RAVINDRAN, J. -------------------------------------- W.P.(C) No.24920 of 2011 JUDGMENT Dated:- 27th September, 2011 --------------------------------------