IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 19511 of 2009(H) -------------------------- PETITIONER(S): --------------- 1. P.N.VENU,ASSISTANT SECRETARY,THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD NO.E.18, MALIPPARA, ERNAKULAM DISTRICT. 2. ANNIE JOSE,SENIOR CLERK,THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD.NO.E.18,MALIPPARA, ERNAKULAM DISTRICT. 3. GRACY GEORGE,JUNIOR CLERK,THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD NO.E.18,MALIPPARA, ERNAKULAM DISTRICT. 4. RAJAN.V.K,JUNIOR CLERK,THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD NO.E. 18,MALIPPARA, ERNAKULAM DISTRICT. 5. ANICE P.J,JUNIOR CLERK, THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD NO.E. 18,MALIPPARA, ERNAKULAM DISTRICT. 6. LILLYKUTTY KURUVILA,JUNIOR CLERK, THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD.NO.E. 18,MALIPPARA, ERNAKULAM DISTRICT. 7. M.V.KURIAKOSE,ATTENDER, THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD.NO.E. 18,MALIPPARA, ERNAKULAM DISTRICT. 8. JOSE.K.MATHEW,JUNIOR CLERK, THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD.NO.E. 18,MALIPPARA, ERNAKULAM DISTRICT. 9. V.D.MOHANAN,SECRETARY, KERALA CO-OPERATIVE EMPLOYEES UNION,KOTHAMANGALAM TALUK COMMITTEE. BY ADV. SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE WPC NO.19511/2009 RESPONDENT(S): --------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL),ERNAKULAM DISTRICT. 2. THE MALIPPARA SERVICE CO-OPERATIVE BANK LTD NO.E.18,MALIPPARA,ERNAKULAM DISTRICT, REPRESENTED BY ITS SECRETARY. MR.K.S.MOHAMMED HASHIM, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.19511/2009 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF CIRCULAR NO.37/2005 DATED 10/10/2005 ISSUED BY THE REGISTRAR OF CO-OPERATIVE SOCIETIES. P2 : COPY OF THE REPRESENTATION DATED 29/04/2006 SUBMITTED BY THE STATE MEMBERS BEFORE THE BOARD OF DIRECTORS OF the 2ND RESPONDENT SOCIETY. P3 : COPY OF THE COMMUNICATION DATED 23/10/2007 ADDRESSED TO THE PRESIDENT OF THE 2ND RESPONDENT SOCIETY BY THE ASSISTANT REGISTRAR (GENERAL), KOTHAMANGALAM. P4 : COPY OF REPRESENTATION DATED 01/04/2008 SUBMITTED BY 9TH PETITIONER BEFORE THE PRESIDENT OF R2 SOCIETY. P5 : COPY OF ORDER DATED 29/12/2008 ISSUED BY R1. //TRUE COPY// PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.19511 of 2009 --------------------------------- Dated, this the 14th day of August, 2009 J U D G M E N T The petitioners are the employees of the 2nd respondent, a Primary Co-operative Society. It is stated that by Ext.P1 circular No.37/2005, pay revision was implemented in Co-operative Societies like the 2nd respondent with effect from 2004. The benefit of pay revision was not extended to the employees of the 2nd respondent and they represented the matter before the statutory authorities. Before the Assistant Registrar, the President, a committee member, and representatives of the employees and their Union appeared and a commitment was given that when the Society starts a chitty, it will implement the pay revision effected by Ext.P1. This commitment is recorded in Ext.P3 proceedings of the Assistant Registrar. 2. The petitioners submit that despite this, the commitment was not honoured, and therefore, they represented again to the President by Ext.P4. Even then, the benefit of Ext.P1 was not extended, and therefore, they moved the Joint Registrar. Thereupon, the Joint Registrar passed Ext.P5 order dated WP(C) No.19511/2009 -2- 29/12/2008 directing the Society to immediately implement Ext.P1. Even thereafter, Ext.P1 has not been implemented, and therefore, this writ petition is filed. 3. Although notice has been issued by this Court by order dated 13/07/2009 and that the same has been served on the respondents, there is no representation on behalf of the Society. Admittedly, the Joint Registrar, having issued Ext.P5 order, the Society ought have implemented the same. 4. In view of the complaint that the Society has not implemented Ext.P1 in spite of all these, and as the Society remains absent from this Court also, the only option for this Court is to direct the Joint Registrar of Co-operative Societies, the 1st respondent herein, to take appropriate action against the 2nd respondent for non-implementation of Ext.P5, in terms of the provisions contained under the Kerala Co-operative Societies Act. This shall be done as expeditiously as possible, on production of a copy of this judgment. The writ petition is disposed of as above. (ANTONY DOMINIC, JUDGE) jg