IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 WP(C).No. 27849 of 2010(E) -------------------------- PETITIONER(S): --------------- K.M.VARGHESE,S/O.MATHAI,AGED 54 YEARS, OPERATOR GR.II,MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED, PALAKKAD DIARY, KALLEPPULLY,PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. MANAGING DIRECTOR,MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED, KANNAMANGALAM PO, PERINKULAM,KOZHIKODE 673 005. 2. THE MANAGER, MALABAR REGIONAL CO-OPERATIVE MILK PRODUCERS UNION LIMITED, PALAKKAD DIARY,KALLEPPULLY,PALAKKAD 678 001. BY ADV. SRI.B.S.KRISHNAN (SR) SRI.K.ANAND (A.201) SMT.LATHA KRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.27849 of 2010 EXT.P1 A TRUE COPY OF THE ORDER DATED 10.6.2008 ISSUED BY THE SECOND RESPONDENT. EXT.P2 A TRUE COPY OF THE APPEAL PREFERRED BY THE PETITIONER AGAINST EXT.P1 BEFORE THE FIRST RESPONDENT. EXT.P3 A TRUE COPY OF THE ORDER DATED 5.4.2010 OF THE FIRST RESPONDENT. //TRUE COPY// P.A. TO Judge. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.27849 of 2010 ------------------------------- Dated this the 18th day of March, 2011 J U D G M E N T The prayer in this writ petition is to quash Exts.P1 and P3 orders issued by respondents 2 and 1 respectively. The petitioner, who was working as Plant Operator at Palakkad Diary was reverted to the category of Plant Attender Grade I by Ext.P1 order passed on 10.6.2008 after a domestic enquiry. Aggrieved thereby, he filed an appeal before the first respondent. By Ext.P3 order, the said appeal was rejected. Hence this writ petition. 2. Though various contentions are raised touching upon the merits of the impugned order, I am of the opinion that the petitioner being an employee of co-operative society should challenge Exts.P1 and P3 orders before the Co-operative Arbitration Court under section 69 of the Kerala Co-operative Societies Act. From the decision of the Co-operative Arbitration Tribunal, an appeal lies to the Kerala Co-operative Tribunal. The Co-operative Arbitration Tribunal can also pass interim orders pending resolution of the dispute. In such circumstances, as the petitioner has an meaningful alternate remedy, the petitioner should resort to that remedy instead of invoking the jurisdiction of this Court under Article 226 of the Constitution of India. I accordingly dismiss the writ petition leaving open the contentions of W.P.(C) No.27849 of 2010 2 the petitioner and reserving liberty with him to challenge the impugned orders in other appropriate proceedings. P.N. RAVINDRAN, JUDGE. nj.