IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 22ND JULY 2011 / 31ST ASHADHA 1933 WP(C).No. 13386 of 2011(W) --------------------------------------- PETITIONER: ------------------- IRIKKUR VILLAGE VANITHA CO-OPERATIVE SOCIETY LTD.NO.C.1398,CHEDICHERY, P.O PERUVALATHPARAMBU, KANNUR- 670 593,REP.BY ITS SECRETARY. BY ADVS. SRI.M.RAMESH CHANDER, SRI.ANEESH JOSEPH. RESPONDENT: ---------------------- K.K.ROJA, W/O.SURENDRAN, KORATHERI HOUSE, KULINHA,P.O PERUVALATHUPARAMBA, KANNUR- 670 593. BY ADV. SRI.V.RAMKUMAR NAMBIAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.13386/2011-W: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER ISSUED BY PETITIONER TO THE RESPONDENT DTD. 05/12/07. EXT.P.2: COPY OF THE ORDER IN I.A. OF 2011 IN DOMESTIC ENQUIRY NO.1/2008 OF THE ENQUIRY OFFICER DTD. 04/02/2011. EXT.P.3: COPY OF THE APPOINTMENT ORDER ISSUED BY PETITIONER SOCIETY TO THE RESPONDENT DTD. 28/07/1998. RESPONDENTS' EXHIBIT: EXT.R1: COPY OF THE COUNTER STATEMENT FILED BY THE PETITIONER DTD. 23/07/2010. //TRUE COPY// P.A. TO JUDGE. Prv. P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.13386 of 2011 ------------------------------- Dated this the 22nd day of July, 2011 J U D G M E N T Ext.P2 order passed by the Enquiry Officer appointed by the petitioner society to enquire into the charges levelled against the respondent, an employee of the petitioner society, is under challenge in this writ petition. By that order, the Enquiry Officer directed the petitioner society to pay subsistence allowance to the employee from the date on which the employee moved the Enquiry Officer for such payment, viz., 16.6.2010. The Enquiry Officer is one appointed by the petitioner to conduct a domestic enquiry. He does not discharge any public duty or statutory duty. He does not also exercise any statutory powers. The enquiry officer is a private person akin to a private arbitrator. Though the non furnishing of a copy of the enquiry report or failure to follow the prescribed procedure while conducting the enquiry may vitiate the enquiry and consequently the order passed in the disciplinary action, the authorities constituted under the Kerala Co-operative Societies Act alone can examine the validity of the report or the enquiry. This Court has in Moideenkutty v. D.F.O. (1988 (1) KLT 443) held that a writ will not lie against an award passed by a private arbitrator who does W.P.(C) No.13386 of 2011 2 not discharge any public or statutory duty. It was held that parties are bound by the award of the arbitrator, subject to such remedies as are available to them under the Arbitration Act to have it set aside. If that be so, I am of the opinion that no writ will lie against an order passed by the Enquiry Officer appointed by the petitioner itself to conduct a domestic enquiry. The writ petition fails and is accordingly dismissed. P.N. RAVINDRAN, JUDGE. nj.