IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.BALAKRISHNAN NAIR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 4TH MARCH 2008 / 14TH PHALGUNA 1929 WA.No. 151 of 2008() -------------------- AGAINST THE JUDGEMENTIN WPC.18464/2007 Dated 13/11/2007 .................... APPELLANT: PETITIONER: ---------------------- R.RAJAGOPALAN NAIR, S/O.RAMAN PILLAI, KOLAMMAKKAL HOUSE, PADIMON P.O., MALLAPPALLY (BRANCH MANAGER, THIRUVALLA EAST CO-OPERATIVE BANK LTD. NO. 3260, PERUMPETTY BRANCH, PERUMPETTY). BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: RESPONDENTS: ------------------------- 1. THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF CO-OPERATIVE SOCIETIES (GENERAL), PATHANAMTHITTA. 2. THIRUVALLA EAST CO-OPERATIVE BANK LTD.NO.3260, HEAD OFFICE, ERAVIPEROOR, REPRESENTED BY ITS MANAGING DIRECTOR. BY GOVERNMENT PLEADER SRI.BENNY GERVASIS SRI.D.SOMASUNDARAM THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 04/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.BALAKRISHNAN NAIR & P.N.RAVINDRAN, JJ. ----------------------------------------- W.A. NO.151 OF 2008 ----------------------------------------- Dated 4th March, 2008. JUDGMENT Balakrishnan Nair, J. The writ petitioner is the appellant. He approached this Court, seeking a direction to the 2nd respondent, which is a Co-operative Bank, to consider his claim for promotion to the post of Deputy General Manager. Noticing the alternative remedy available to the appellant under the provisions of the Kerala Co-operative Societies Act, the learned single Judge declined to hear the writ petition on merits. He was directed to avail the said remedy. 2. Against such a judgment, the scope for appeal under Section 5 of the High Court Act is very limited. Unless we hold that the discretion exercised by the learned single Judge is perverse, the Division Bench is not justified in interfering with the judgment under appeal. We feel that the view taken by the learned single Judge is the correct view on the facts. When there are other specialised officers and machinery under the WA 151/2008 2 aforementioned Act, to resolve the disputes between the Co-operative Societies and their employees, it will be imprudent for this Court to entertain and adjudicate those disputes. This Court should preserve its time and resources for adjudicating the matters where the parties have no other remedy under law. Accordingly, the Writ Appeal is dismissed without prejudice to the contentions of the appellant and his right to move other forums for appropriate reliefs. K.BALAKRISHNAN NAIR, JUDGE. P.N.RAVINDRAN, JUDGE. Nm/