IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 37119 of 2009(H) --------------------------------------- PETITIONER: ------------------- MANIDAS.D., S/O. RAVEENDRAN, THEKKAVILAPUTHAN VEEDU, PALLIMON.P.O., KOLLAM, (EMPLOYED AS SALESMAN NEDUMBANA SERVICE CO-OPERATIVE BANK Q 117, NEDUMBANA.P.O., KOLLAM. BY ADVS. MR.S.SUDHEESHKAR, MR.PRATHEESH.P, MR.A.MUHAMMED RAFFI. RESPONDENTS: ------------------------ 1. PRESIDENT, NEDUMBANA SERVICE CO-OPERATIVE BANK Q 117, NEDUMBANA.P.O., KOLLAM. 2. JOINT REGISTRAR (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERTIVE SOCIETY, KOLLAM. 3. SECRETARY, NEDUMBANA SERVICE CO-OPERATIVE BANK Q 117, NEDUMBANA.P.O., KOLLAM, REPRESENTED BY ITS SECRETARY. R2 BY SR. GOVT. PLEADER MR. K.C. SANTHOSH KUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S.SIRI JAGAN,J. ------------------------- W.P ( C) No.37119 of 2009 -------------------------- Dated this the 22nd December,2009 J U D G M E N T The petitioner claims to be a temporary Salesman working in the Nedumbana Service Co-operative Bank for 12 years. He submits that in view of Ext.P5 circular issued by the Registrar of Co-operative Societies, the petitioner is entitled to regularisation in service. Therefore, he seeks the following reliefs: "i. To issue a writ of mandamus or other writ order or direction, directing the 2nd respondent to take action on Ext.P4 within a time frame stipulated by this Hon'ble Court in the interest of justice ; and ii. Issue a writ of mandamus or any other writ, order or direction declaring that the petitioner is entitled to be regularised and appointed in the existing vacant post of salesman in the respondent bank from 1.9.2006 onwards". 2. I am not inclined to entertain this writ petition since for the reliefs prayed for the appropriate remedy available to the petitioner is to either approach the Co- operative Arbitration Court under Section 69 of the Kerala Co-operative Societies Act or to raise an industrial dispute under the Industrial Disputes Act. Therefore, W.P ( C) No.37119 of 2009 2 without prejudice to that right, this writ petition is dismissed. S.SIRI JAGAN, JUDGE ma W.P ( C) No.37119 of 2009 3